Contract Enforcement and Disputes
Issues covered include: statutory intervention, unfair terms, unconscionable conduct, cross-juridictional contracts, contract notices, dispute resolution clauses, common law rights to terminate
Description
Ensuring that a contract is enforceable and avoiding a contract dispute are two sides of the same coin. In this half-day program you will explore how to avoid the risk of getting stuck with an unenforceable contract and arm yourself with both the knowledge and the skills to expertly handle contract disputes when they do arise.
Attend and earn 3 CPD units in Substantive Law
This seminar was recorded in SA on 18 June 2019
Chair: Robert Fenwick Elliott, Barrister, Keating Chambers
2.00pm to 2.45pm: Statutory Intervention in Contract Law: Unfair Terms and Unconscionable Conduct
- The philosophy underlying statutory intervention
- When a term will be regarded as ‘unfair’
- The factors that influence a determination of unconscionable conduct in the exercise of contractual rights under the ACL
- The risk of 'systematic' unconscionability or unfairness in relation to business contracts
- What is the ACCC’s enforcement approach?
Presented by Josh Simons, Partner, Thomson Geer; Lawyer of the Year – Intellectual Property Law, Adelaide, Best Lawyers 2020; Market Leading Intellectual Property & TMT Lawyer, Doyle’s Guide 2019
2.45pm to 3.30pm: Cross-Jurisdictional Contracts: Impacts and Implications
- Conflict of laws principles relevant to cross-border contractual relationships
- Avoiding ‘legal retail therapy’: considerations when drafting and mechanisms for the enforcement of, choice of law and forum-selection clauses
- Related causes of action: statutory regimes which may impinge on freedom of contract across jurisdictional boundaries
- Enforcing judgments across jurisdictions
Presented by Sally Heidenreich, Barrister, Murray Chambers
3.30pm to 3.45pm Afternoon Tea
3.45pm to 4.30pm: Contract Notices, Disputes and Dispute Resolution Clauses
- How to structure the contract to avoid disputes escalating and manage the process
- How to choose the appropriate dispute resolution method
- Negotiation
- Mediation and conciliation
- Arbitration (domestic and international)
- Expert determination
- Cascading clauses
- Litigation
- Dispute boards
- Arbitration clauses: the effect and enforceability of these clauses
- Are there limitations on the subject matter of arbitral disputes?
Presented by Andrew Robertson, Partner, Piper Alderman; Leading Construction & Infrastructure Litigation Lawyer, Doyle’s Guide 2019
4.30pm to 4.15pm: No End in Sight: Exploring Common Law Rights to Terminate a Contractual Relationship
- Managing exits from contracts of indefinite duration
- Termination for breach of condition or serious breach of intermediate term
- Right to terminate for convenience?
Presented by Nick Floreani, Barrister, Jeffcott Chambers; Leading Construction Junior Counsel, Doyle’s Guide 2019
Venue
Stamford Plaza Adelaide Hotel
Level 2, 150 North Terrace
Adelaide 5000
SA
Australia