Drafting Commercial Agreements
Explore key clauses and critical agreements in this dynamic half-day program that will lead you through the essential commercial agreements. Learn about purchase and supply agreement, shareholder agreements, joint ventures, and lease agreements. Understand the impact of GST when making business and discover strategies to prevent litigation. Master principles to safeguard your clients' interests, minimise commercial risks and gain insights from expert commercial contract professionals. 243W18
Description
Attend and earn 4 CPD units including:
3 units in Professional Skills
1 unit in Substantive Law
This program is applicable to practitioners from all States & Territories
Chair: Sam Luttrell, Partner, Clifford Chance
9.00am to 9.50am Unlocking Success in Supply Agreements
An effective supply agreement can be the secret to successful project delivery and strong commercial relationships, by capturing workable processes to manage delivery and disruption. Cover the essential components of supply agreements including:
- Scope and performance: defining clear roles and responsibilities for manufacturing, delivery and installation
- Essential provisions: pricing and payment terms, programming and coordination mechanisms. delivery schedules, volume and forecasting and quality control
- Risk allocation: Robust warranty and liability clauses
- Relationship management: exclusivity, suspension and termination provisions and dispute resolution processes
Presented by Gemma Nugent, Director, SoundLegal
Professional Skills
9.50am to 10.35am Drafting Joint Venture Agreements
Sam will use real-life cases he has been a part of to illustrate specific instances of Joint Venture pitfalls. Through these cases, he will showcase how the implementation of an effective Joint Venture agreement can prevent and navigate these challenges successfully.
Presented by Sam Luttrell, Partner, Clifford Chance
10.35am to 10.50am Morning Tea
Professional Skills
10.50am to 11.35am An Exercise in Managing the Commercial Relationship And Expectations of Shareholders
- Practical tips
- Governance issues arising in shareholder agreements
- Dispute resolution techniques
- Drafting clauses in shareholder agreements
- Obtaining a commercial outcome for shareholder entry or exit
- Minimising valuation disputes via shareholder's agreements
Presented by Simon Owen, Principal, Grantleigh House
Professional Skills
11.35am to 12.20pm Drafting Lease Agreements
- Importance of condition reports in commercial lease agreements
- How technology is being used to provide better evidence to support make-good clauses
- How to split depreciation when an owner makes a fit-out contribution
- Hidden tax benefits of abandoned fit outs
- High risk of underinsurance in the commercial property sector
Presented by John Williams, Director, Asset Reports
12.20pm to 1.15pm Hiding in Plain Sight: Considering GST Issues When Drafting Agreements
Address the practical knowledge needed to identify and mitigate potential GST-related risks in your agreements, thereby safeguarding your clients' interests and minimizing the likelihood of costly litigation. With expert insights from Shagun Thakur, this presentation promises to equip you with the skills and expertise necessary to navigate the complexities of GST in your contract drafting process effectively.
Presented by Shagun Thakur, Partner, PwC
Presenters
Gemma Nugent
Gemma Nugent, SoundLegal’s Principal Lawyer, is a construction, engineering and consulting contract specialist with 14 years’ experience in the construction and engineering industry. She launched SoundLegal in 2019 after more than 8 years as Corporate Counsel to a global engineering and design consultant. Gemma has worked extensively with subcontractors, contractors, principals and consultants on major infrastructure, construction, mining, oil and gas and consulting projects in both the private and public sector. She has drafted, reviewed, negotiated and delivered training on a wide variety of project and commercial agreements and has experience with all of the Australian Standard contracts. Gemma is a Fellow of the Australian Institute of Management WA, where she facilitates workshops on contract management and risk and commercial relationships. She is a member of the Law Society of Western Australia, the National Association of Women in Construction (where she sits on the Education Subcommittee), Women Lawyers WA and the Society of Construction Law Australia.
Sam Luttrell
Sam Luttrell specialises in international arbitration. He represents clients in cross-border disputes with other businesses and in claims against foreign governments under investment treaties and free trade agreements. Sam has experience conducting proceedings under most of the main sets of international arbitration rules. His sector focus is Oil & Gas and Mining, but his experience spans a range of other industries, including infrastructure, defence and technology.
Simon Owen
Simon Owen has almost 30 years of experience as a corporate and commercial lawyer and corporate advisor with particular focus upon developing businesses and capital markets. He has acted as a Chairman and Director, both executive and non-executive, for a number of listed and unlisted public companies. He also has considerable executive experience in the establishment and development of businesses in industries including technology and manufacturing, pharmaceuticals, agriculture, resources, oil & gas and finance. His various roles (both as an advisor and a Chairman/Director) have provided extensive experience in strategic planning, corporate finance, negotiating and structuring acquisitions, establishing and managing joint ventures and regulatory compliance in various jurisdictions.
John Williams
John is a Director of the Asset Reports group, he oversees all departments across Western Australia, New South Wales, and Victoria. John joined Asset Reports in 2015. Before this, he worked for global companies such as Glencore, BHP, and IBM. John holds a bachelor’s degree in marketing and a master’s degree in accounting. His knowledge and experience in both areas help Asset Reports identify clients’ needs and provide them with the best products and service possible.
Shagun Thakur
Shagun is a Partner based in Perth with over 15 years of experience in providing GST advice in the areas of property, financial supplies and oil & gas. Shagun's specialty lies in the property and Government sectors having spent the bulk of his career advising the firm's large and diverse group of property clients. More specifically, Shagun has been involved in large scale reviews and consulting projects for a number of local and state government entities. Having assisted in numerous large audits, Shagun has also developed a good relationship with a number of senior ATO auditors and directors.
Venue
Parmelia Hilton
Level 1, Meeting Room, 14 Mill Street
Perth 6000
WA
Australia
Directions
Nearby Public Transport:
Train Stations - The Esplanade Station
Bus Interchange - St Georges Terrace Cloisters Green
Parking information
Parmilia Hilton - Valet Parking only - Click here to view rates.
Convention Centre - 100 metres from Parmelia Hilton. Click here to view rates.