Contract Law Masterclass
Led by esteemed experts Dirk Feinauer and Richard Douglas, with David Vilensky facilitating, this masterclass simplifies complex concepts into three main parts for you: how to think about a contract, what happens when you have a disagreement about your agreement, and strategies for challenging negotiations. Get contracts right. Join us for a special chance to learn from experts and provide the most up-to-date results for your clients. 243W15
Description
Attend and earn 3 CPD units including:
1 unit in Substantive Law
2 units in Professional Skills
This program is applicable to practitioners from all States & Territories
Chair: David Vilensky, Managing Partner, Bowen Buchbinder Vilensky Lawyers
Professional Skills
2.00pm to 3.00pm Part 1: How to Think About a Contract
- Words: Is less really more?
- Creating a rule book for future events and the uncertainties that lie ahead.
- Bespoke v Off-the-shelf v Artificial intelligence-Are lawyers redundant and do they add anything?
- Understanding the entire bargain and recording it
- Recitals – Do they mean anything? Do they need to be true and correct?
- Operative clauses – What are they?
- Termination – Understanding the consequences.
- Legal overreaches – Warranties, Indemnity clauses, Exclusion clauses and Damages clauses
- Definitions and substance
- Drafting style
- Dealing with Power Imbalances
Presented by Dirk Feinauer, Director, Feinauer Commercial Lawyers
3.00pm to 4.00pm Part 2: What Happens When You Have a Disagreement About Your Agreement
- Agreeing words v agreeing substance: What your words actually mean
- Court v Arbitration
- Bodies of law that operate beyond and alongside contract
- How a dispute actually gets resolved in a Court or by arbitration
Presented by Richard Douglas, Barrister, Francis Burt Chambers
4.00pm to 4.15pm Afternoon Tea
Professional Skills
4.15pm to 5.15pm Part 3: Approaches for Navigating Difficult Scenarios in Negotiations
- Simple v complex
- Preparing for future breaches: insurance, indemnification, limitation and liability strategies
- How to avoid ending up in a contractual court dispute
- Negotiating to avoid damages for contract breaches and consequential loss exclusions
Presented by Richard Douglas, Barrister, Francis Burt Chambers and Dirk Feinauer, Director, Feinauer Commercial Lawyers
Presenters
David Vilensky
David is a corporate lawyer with a particular focus on mining and resources, mergers and acquisitions, telecommunications, corporate advisory, contractual disputes, specialist contract drafting and complex corporate transactions. David has more than 35 years experience in negotiating, advising on and drafting a broad range of commercial agreements including mergers and acquisitions, shareholder and management agreements, exit agreements, licence agreements, the sale and purchase of mining tenements, joint ventures and share sale agreements. He also advises on capital raisings, corporate governance, due diligence and corporate transactions generally and acts for both private and public companies listed on the Australian Securities Exchange. He regularly advises on directors’ duties and compliance with ASX Listing Rules including continuous disclosure. David is also an experienced public company director and currently sits on the boards of 3 ASX listed companies including one as its Chairman. David is also experienced in dispute resolution including mediations and arbitrations and in the resolution of commercial and contractual disputes. Over the years David has had articles published in various journals on subjects such as directors’ duties, the Trade Practices Act and law firm practice management issues such as ethical billing practices and value pricing on which subject he has frequently delivered papers at seminars in Australia and New Zealand. David has been a strong advocate of the value pricing model for law firms and was largely instrumental in replacing the billable hour model at BBV with a fixed fee model where fees are fixed and agreed with clients in advance and where time is not money.
Dirk Feinauer
Dirk Feinauer heads up Feinauer Commercial Lawyers, a law corporation based in Perth, Western Australia and is one of the most experienced German speaking lawyers practicing in Australia. Dirk graduated from the Australian National University, Canberra with a Bachelor of Arts and a Bachelor of Laws in 1989 and 1991 respectively. He is admitted to law practice in the Federal Court and High Court of Australia and the Supreme Courts of Western Australia and New South Wales. Dirk regularly speaks on a range of topics in Australia and across the world. He has written various articles and other publications. Dirk practices in complex corporate and commercial matters and conducts litigation in Superior and the Federal Courts including cross border disputes.
Richard Douglas
Richard Douglas has been a Barrister at Francis Burt Chambers since 2006. He has been admitted as an attorney in the state of New York since 2000. Richard has been involved in significant litigation including: The Bell group; Sons of Gwalia; Burrup Fertilisers; Storm Financial; Fire Power, Anaconda; Rothwells; and the Insurance coverage dispute regarding the world trade centre in Manhattan following the events of 9/11. Richard has been a member and chair of the WA Law Reform Commission and acted in relation to a number of public enquiries. Richard continues to act in relation to complex, difficult and urgent matters in courts across Australia.
Venue
Cliftons Perth
Parmelia House, 191 St Georges Terrace
Perth 6000
WA
Australia
Directions
Nearby Public Transport:
Train Stations - Elizabeth Quay Train Station
Bus Interchange - St Georges Terrace, after Milligan St (1 min walk)
Parking information
Parking not included in your registration.
Here is an option - Wilson Parking - St Georges Square, 225 St Georges Terrace Perth - click here for rates.