Contract Disputes Forum
Avoiding contract disputes requires a bullet proof contract in the first place. That can be easier said than done, but with this line-up of experts you’ll be prepared to get it right the first time. Plus, should things turn sideways despite best efforts, you’ll gain the knowledge to navigate any issues involving enforcing unsigned contracts, online contracting, dispute resolution clauses, termination, damages and more. Plus, gain your ethics point for the year.
Description
Attend and earn 4 CPD points including:
1 CPD point in Competency Area 3: Ethics & Professional Responsibility
3 CPD points in Competency Area 4: Substantive Law
Chair: Trina Storm, Special Counsel, Clayton Utz
9.00am to 10.00am: Enforcing Unsigned Contracts: When is an Unsigned Contract Enforceable?
- Masters v Cameron: 4 standard situations and recent cases
- Enforcing Letters of Intent, Heads of Agreement and Memoranda of Understanding
- Conduct of parties is critical
- Authority of agents including lawyers to bind principals
- Relevance of part performance
- Special rules for deeds
- Some common situation and how to deal with them
Presented by Mark Holler, Barrister, Francis Burt Chambers
10.00am to 11.00am: There’s Been a Breach: What is my Client’s Loss?
- What is the measure of loss? Categories of recoverable losses
- Calculating loss
- Pleading, recovery and strategic considerations
- Practical issues and problems
Presented by Katja J Levy, Principal, Rossello Chambers and Richard Douglas, Barrister, Francis Burt Chambers
11.00am to 11.15am: Morning Tea
11.15am to 12.15pm: Terminating the Contract
- What are the differences between express rights and general right?
- How do you give effective notice?
- What if the termination is not justified?
- Losing the right to terminate: the importance of election and delay
- What are the consequences of termination?
- Claiming damages after termination
- Some practical tips for effective exercise of termination rights
Presented by Dirk Feinauer, Director, Feinauer Commercial Lawyers
Competency Area 3: Ethics & Professional Responsibility
12.15pm to 1.15pm: Ethical Traps in Contract Law: Effective Strategy or Crossing the Line?
- Protecting yourself and your client when ethical issues arise
- What if you know the other side is operating on misinformation?
- Dealing with a client who you suspect is not being open
- Steps to take when a client demands terms in a murky area of potential unconscionability
- Strategies for when your client cannot adhere to a term
Presented by Simon Davis, Barrister, Francis Burt Chambers
Venue
Mercure Perth
Level 1, 10 Irwin St
Perth 6000
WA
Australia