Contracts: Strategies, Risks, Clauses and Cases
Gain guidance through critical contract clauses you need to get right for risk mitigation. Delve into the risks from the reformed Unfair Contract Terms regime and good faith negotiations. Get your guarantees and indemnity clauses right for risk mitigation and ensure your contract drafting is right for guarantees and termination clauses. Benefit from straightforward analysis, practical examples and real-world case studies, making it easy to navigate and safeguard against costly mistakes. WEB245N05
Description
Attend and earn 4 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories
Chair: Daniel Gosewisch, General Counsel - Commercial and Legal Affairs, The WorkPac Group
9.00am to 9.45am Duty to Negotiate in Good Faith in Contract
- Enforceability of contracts to negotiate in good faith
- Heads of Agreement / Memorandum of Understanding
- ADR clauses
- Other contractual contexts
- Implied duty to negotiate in good faith?
- Meaning of the duty
- Breaches of the duty and non-breaches
- Remedies
Presented by Adam Butt, Barrister, Eight Wentworth Chambers; Winner, Lawyers Weekly, Australian Law Awards 2023, Barrister of the Year
9.45am to 10.30am Navigating Unfair Contract Terms: Has the 'Big Dog' in Contracts Recently Lost Its Bite?
- Amendments to the Australian Consumer Law and Unfair Contract Terms regime
- Key elements of the new legislation
- How the new legislation is likely to affect key terms in specific contracts, such as termination for convenience clauses, time bars, broad recourse to security rights, onerous completion requirements and broad set off rights
- Negotiation tactics from the perspective of the contractor and principal
Presented by Alex Tuhtan, Director, Shand Taylor Lawyers
10.30am to 10.45am Morning Break
10.45am to 11.30am Important Clauses in Guarantees and Indemnities
- Formal requirements
- Guarantees and indemnities distinguished
- Co-guarantors
- Scope of the guaranteed liabilities and all monies clauses
- Altering the surety’s rights and contractual waiver
- Other key clauses
Presented by Jennifer Mee, Barrister, 6 St James Hall Chambers
11.30am to 12.30pm Chasing Guarantors
- Overview of the legal framework surrounding guarantors and the enforcement of guarantees
- Mitigate risks associated with guarantees during the contract negotiation phase
- Effectively pursuing guarantors, considering legal, financial, and negotiation aspects
- Documentation in these pursuits
Presented by James Morgan, Special Counsel, Mahoneys; Accredited Specialist, Commercial Litigation
12.30pm to 1.15pm The Effective Termination of Contracts
- When is the optimal time to terminate a contract?
- How can legal pitfalls during termination be avoided?
- What strategies facilitate favourable exit negotiations?
- Tips for terminating contracts internationally
- How can a smooth transition be ensured?
- Are there unique aspects in Australian contract law to consider?
Presented by Christopher Freeman, Barrister, Culwulla Chambers