Contract Risk and Disputes
From formation to performance, the contractual process can go awry at any number of stages. This seminar highlights some of the contentious issues that can derail a contract and set the parties on a collision course straight to the courtroom. Analyse the most recent contract disputes cases. Explore the obligation to act in good faith. Learn tips on how to draft indemnification provisions. And analyse jurisdictional and choice of law pitfalls.
Description
Attend and earn 3 CPD units in Substantive Law
This seminar was recorded in VIC on 28 November 2018
Chair: Andrew Westcott, Senior Expertise Lawyer, Ashurst
2.00pm to 2.45pm: Recent Cases, Court Trends and the Latest in Contract Interpretation
Analysis of recent cases involving contract disputes, why they are important and the critical takeaways for your practice.
Presented by Gail Owen OAM, Partner, HWL Ebsworth, Best Lawyers 2019, Corporate Law
2.45pm to 3.30pm: Good Faith Arising from Contracts
- When does good faith arise upon construction?
- When does good faith arise by implication?
- Jurisdictional considerations
Presented by David Carlile, Barrister, Lennon’s List
3.30pm to 3.45pm Afternoon Tea
3.45pm to 4.30pm: Excluding or Limiting Liability in Contracts
- Interpretation of exclusion clauses
- Excluding or limiting certain heads of damage
- Are indemnities interpreted differently?
- Agreed damages clause
- Limiting liability under the ACL
Presented by Dr Kylie Weston-Scheuber, Barrister, Greens List, Recommended Construction & Infrastructure Junior Counsel, Doyle’s Guide 2018
4.30pm to 5.15pm: Governing Law and Jurisdiction: International and Interstate Contract Disputes
- Why is this issue critically important? What are the competing problems and issues?
- Choice of governing law
- Do you know what laws may apply?
- Can you make an election?
- Are there traps in foreign law?
- What issues require consideration?
- Jurisdiction
- What is the position of the client?
- What are the risks and who faces each?
- Choice of court process and arbitration: advantages and disadvantages
Presented by Stephen Sawer, Partner, Cornwall Stodart, Best Lawyers 2019, Alternative Dispute Resolution, Litigation