Contract Law Conference
Issues covered include: Enforcing Unsigned Contracts, Liability and Risks, Indemnities, Liabilities, Exclusion Clauses, Consequential Loss, Dispute Resolution Clauses, Termination, Damages, Online Contracting, Confidentiality Clauses , IP, Unfair Terms, Unconscionable Conduct ,,Unfair Trading
Description
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
Attend the full day and earn 7 CPD units in Substantive Law
Session 1
Contract Enforcement and Conflicts
Chair: Dr Paul Vout, Barrister, List A Barristers; co-editor, Commonwealth Law Reports
9.00am to 9.05am Opening Comments by the Chair
9.05am to 9.50am: Enforcing Unsigned Contracts: When is an Unsigned Contract Enforceable?
- Masters v Cameron: 4 standard situations and other recent cases
- Conduct of parties is critical
- Authority of agents including lawyers to bind principals
- Relevance of past performance
- Special rules for deeds
- Some common situation and how to deal with them
- Enforcing Letters of Intent, Heads of Agreement and Memoranda of Understanding
Presented by Adam Baker, Barrister, Aickin Chambers
9.50am to 10.35am: Shifting Liability and Risks: Indemnities, Liabilities, Exclusion Clauses and Consequential Loss
- Contractual mechanisms to transfer risk
- Limits on the application of indemnity provisions
- Clarity in the operation of exclusion clauses
- Consequential loss and why you might exclude it
- Consistent messages from the courts for contract drafters
- Sample clauses of what worked and didn’t work in recent cases
Presented by Brian Rom, Special Counsel, HWL Ebsworth Lawyers
10.35am to 10.50am Morning Tea
10.50am to 11.35am: Dispute Resolution Clauses: Alternatives to Managing the Dispute
- How to select the appropriate dispute resolution method
- Arbitration (domestic and international)
- Expert determination
- Mediation
- Litigation
- The effect and enforceability of these clauses
Presented by Fred Prickett, Partner, Clayton Utz
11.35am to 12.20pm: Termination
Terminating a contract is an extremely serious step that has significant consequences for both parties and actually poses serious risks to the terminating party. If done without good cause it can constitute repudiation and cause the tables to be turned. Understanding your termination rights and how to exercise at the right time and in an effective manner is critical to sound contract administration and getting the most from your bargain.
- 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 Gail Owen OAM, Partner, HWL Ebsworth Lawyers
12.20pm to 1.05pm: Damages: Expectations and Inconveniences
- Expectation or reliance loss
- Inconvenience damages
- Calculating future economic loss: Where do you draw the line?
- What categories of loss are recoverable, or are not recoverable?
- Recent case studies regarding damages
Presented by Georgina Costello SC, List G Barristers
1.05pm to 1.15pm Final Q&A and Closing Comments by the Chair
Session 2
Key Contractual Considerations
Chair: William Khong, Partner, Holding Redlich
2.00pm to 3.00pm: Online Contracting Across the Ditch and Beyond: Contracting with the World
- What is online contracting?
- How is online contracting different to contracting in the ordinary sense?
- A sample of issues
Presented by Michael Chin, Senior Corporate Lawyer, AGL Energy
3.00pm to 4.00pm: IP and Confidentiality Clauses in Contracts
- Relevant subject-matter
- Determining ownership
- Assignment of IP
- Express or implied licence of IP
- Exclusivity
- Confidentiality vs privacy
- Enforcement considerations
- Relevant case-law
Presented by Peter Moran, Principal and Katerina Pshenichner, Senior Associate, Peer Legal
4.00pm to 4.15pm Afternoon Tea
4.15pm to 5.15pm: Statutory Intervention in Contract Law: Unfair Terms, Unconscionable Conduct and a Proposed Prohibition on ‘Unfair Trading’
- The philosophy underlying statutory intervention
- Recent trends in the enforcement of the ‘unfair’ terms regime, and proposals for change
- What is the ACCC’s enforcement approach in relation to unconscionable conduct?
- ACCC proposals to introduce an unfair trading prohibition and what this might mean for contracting
Presented by Miranda Noble, Partner, MinterEllison
Venue
RACV City Club
Level 2, 501 Bourke St
Melbourne 3000
VIC
Australia
Parking Information
Parking is not included in your registration. Here are some options below. RACV City Club Car Park.
Directions