Advanced Contract Law: Interpretation, Insolvency, and Litigation Insights
OND243V171
Description
Attend and earn 2.5 CPD hours in Substantive Law
This program is applicable to practitioners from all States & Territories
*This is an interactive recording, which allows you to claim all your annual CPD points
Chair: Bernard Quinn KC, List G Barristers
Contractual Protections Against Default and Insolvency
- Insolvency and restructuring processes and warning signs
- Impediments to exercising rights where there is an insolvency event
- Practical options to consider where another party is, or at risk of being, insolvent
- Risk minimisation strategies at various stages of a project
Presented by Sam Kingston, Partner, Maddocks
Court Approaches to Contractual Interpretation
Stay updated with the latest from the courts on contractual interpretation and gain essential drafting skills to prevent interpretation-related disputes. Together with JK Muckersie explore:
- Principles associated with interpreting express terms
- The admissibility of extrinsic evidence
- Practical drafting tips to avoid issues associated with these when a dispute arises
Presented by JK Muckersie, Special Counsel, Clayton Utz
Why Just Using the Firm Template May Be Doing Your Client a Dis-Service
Be guided through a practical discussion on dispute resolution clauses analysing:
- Common dispute resolution clauses: notices of dispute, direct negotiation, mediation, arbitration, cascading options, bespoke clauses
- Factors to consider when drafting a dispute resolution clause: enforceability, ongoing relationship, speed of resolution, quantum of dispute, ability to negotiate, unfair contract terms, ousting the jurisdiction of the Court
- Checklist to consider before finalising your drafting of a dispute resolution clause
Presented by Alicia Hill, Principal, Sladen Legal, Accredited Specialist in Commercial Litigation; Best Lawyers 2023, Litigation
Hot topics in Contract Litigation: A look at Ambiguous Words, Penalty Clauses and Repudiation of Contracts
- What to do about ambiguous wording on contracts
- How to seek declaratory relief in the context of contractual breaches
- What is repudiating conduct?
- How to spot a penalty clause
Presented by Georgina Costello KC, List G Barristers
Presenters
Bernard Quinn KC
Bernie Quinn KC practises in commercial law, public law and product liability law. He appears predominantly in superior courts at both trial and appellate levels and has extensive experience with class actions involving a wide range of subject matters and areas of law. He also has Royal Commission and coronial inquest experience. Bernie also speaks and reads Bahasa Indonesia and has advised on aspects of the Indonesian legal system and Indonesian law. He commenced his career as an associate to Justice Michael Kirby in the High Court of Australia.
Sam Kingston
Sam specialises in insolvency and restructuring, working with clients in all aspects of external administrations, security enforcement and insolvency dispute resolution. He has acted for clients in a wide range of industries in large scale court proceedings involving complicated insolvency issues and Personal Property Securities Act 2009 (Cth) claims. Sam is recognised as a recommended lawyer for Restructuring & Insolvency in Legal 500 Asia Pacific Guide, leading Insolvency and Reorganisation lawyer in Best Lawyers Australia, recommended lawyer for Insolvency & Restructuring in Doyle’s Guide and recommended lawyer for Commercial Litigation & Dispute Resolution in Doyle’s Guide.
Alicia Hill
Alicia heads Sladen Legal’s Dispute Resolution and Litigation team. She is an Accredited Specialist in Commercial Litigation, a Nationally Accredited Mediator and a graded Arbitrator working to use the correct dispute resolution process to resolve commercial disputes for clients. Alicia is a member of the ACCC’s Consultative Committee for Small Business and Franchising, the LIV Accredited Specialists Board, the VSBC, ASBFEO and QRIDA Mediation panels, ARITA and Franchise Council of Australia’s Victoria-Tasmania committee member, as well as a Fellow of FINSIA
Georgina Costello KC
Georgina Costello KC is regularly briefed in trials and appeals regarding contract law and property rights in the Federal Court and Victorian courts. She has in the past worked at Mallesons Melbourne, a law firm in New York City and at the World Bank in Washington DC.