Contract Law: Minimising Liability and Risk
Issues covered include: contract and commercial law, liability, risks, damages and indemnities, consumer law, the unfair contracts regime and understanding potential liability, general liability of limitations clauses
Description
The issue of liability remains one of the most important and constantly evolving areas for lawyers. Your clients seek the very best advice on how to ensure that risks are diverted or minimised to the point that they are non-existent, so you have the responsibility to keep up to date on the latest developments and strategies. Hear from an eminent panel of speakers on critical risk and compliance issues in contracts and leave with, precedents and examples.
Attend and earn 4 CPD points in Competency Area 4: Substantive Law
Chair: Keith Thomas, Partner, HWL Ebsworth Lawyers
9.00am to 11.00am: 2-Hour Masterclass - Liability, Risks, Damages and Indemnities in Contract
- Contractual mechanisms to transfer risk
- Categories of damages: common law, tort, statutory
- Indemnities distinguished from damages
- Direct and indirect (consequential) losses: what can be recovered
- Excluding liability for consequential losses
- Excluding or limiting liability for direct losses: limits on exclusion clauses
- Limits on the application of indemnity provisions
- Consistent messages from the courts for contract drafters
Presented by Paul D Evans, Partner, Quinn Emanuel Urquhart & Sullivan; Preeminent Commercial Litigation & Dispute Resolution Lawyer, Doyle’s Guide 2019 and Peter Ward, Barrister, Francis Burt Chambers; Recommended Construction Law Barrister, Doyle’s Guide 2019
11.00am to 11.15am Morning Tea
11.15am to 12.15pm: Consumer Law, the Unfair Contracts Regime and Understanding Potential Liability
- What is deemed unfair? Recent cases
- Unfair contracts regime under review
- Consequences of void terms in standard form contracts
- Case studies: Credit Applications and Hire Term Applications
- Example clauses
Presented by Dirk Feinauer, Director, Feinauer Commercial Lawyers
12.15pm to 1.15pm: ACL Claims and General Liability of Limitations Clauses
- Can an ACL claim defeat a contractual limitation of liability and time barring provision? Brighton Australia Pty. Ltd. v Multiplex Constructions Pty. Ltd [2018] VSC 426
- What potential remedies are available to a contractor once limitation provisions are removed?
- When might the facts warrant making an ACL claim?
Presented by Katja J Levy, Principal, Rossello Chambers and Richard Douglas, Barrister, Francis Burt Chambers
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.