Contract Law: Eliminating Mistakes & Managing Risk
Issues covered include: warranties, indemnities, insurance, M&A transactions
Description
Voltaire famously wrote that “To hold a pen is to be at war.” With how quickly a contract can lead to a dispute, he certainly wasn’t wrong. Gain the guidance and insights needed to hopefully prevent a contractual war from erupting or to navigate a dispute when one does arise.
Attend and earn 2 CPD points in Substantive Law
This seminar was recorded in TAS on 1 March 2019
Chair: Dayne Johnson, Partner, HWL Ebsworth Lawyers
9.45am to 10.25am: Contractual Warranties, Indemnities and Insurance in M&A Transactions: Untangling the Complex Interplay
- Understanding the true consequence of warranties and indemnities
- What can and can’t be limited in a typical transaction
- The emergence of warranty & indemnity insurance and how it works
- Some practical negotiation tips
Presented by James Groom, Director, Groom Kennedy Lawyers
10.25am to 11.05am: Contract Law Case Roundup
- The doctrine of consideration: Hill v Forteng Pty Ltd [2018] FCA 1501
- The doctrine of part performance: Pipikos v Trayans [2018] HCA 39
- Contracting out of the Australian Consumer Law: Brighton Australia Pty Ltd v Multiplex Constructions Pty Ltd [2018] VSC 246
- Contracts and fiduciary obligations: John Alexander's Clubs Pty Ltd v White City Tennis Club Ltd [2010] HCA 19
Presented by Garth O’Rafferty, Barrister, Salamanca Chamber
11.05am to 11.45am: Managing IP Clauses in Contracts
- Common mistakes: how to avoid under-protecting your IP or losing it forever
- The potentially tangled web of IP joint ownership
- Managing risk and liabilities; warranties and indemnities
- What you can and cannot do with another party’s IP
- Example IP clauses: what works, what doesn’t
Presented by Nathaniel Flinn, Senior Lawyer, Legal Services, Office of the Chief Operating Officer, University of Tasmania