Contract Law Conference 2020 - Recorded on March 2020, NSW
Issues covered include: unsigned contracts, online contracting, dispute resolution clauses, terminating contracts, damages, expectation loss, reliance loss, liabilities, IP, confidentiality clauses, statutory intervention.
Description
Don’t miss this year’s Forum on contract disputes and termination, and how to avoid such conflict by drafting 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, this conference will give you the knowledge to navigate any issues involving enforcing unsigned contracts, online contracting, disputes resolution clauses, termination, damages & more
Attend the full day and earn 7 CPD units in Substantive Law
Session 1
Contracts Conflict: Disputes and Termination
Chair: Gregory Martin, Principal, Martin Bullock Lawyers; Lecturer, University of Western Sydney
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 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 Christopher Freeman, Barrister, Culwulla Chambers
9.50am to 10.35am: Online Contracting and Cross-Border Disputes
- E-contracting and electronic signatures
- Dealing with web-based standard contracts
- Anticipating cross border disputes: the importance of considering the law and jurisdiction of a contract
- Conflict of laws and enforcement: the practicalities of international contracting
- Securitisation in an international context
- Cultural awareness in negotiations
Presented by Joern Schimmelfeder, Principal, JSTTEC Legal
10.35am to 10.50am Morning Tea
10.50am to 11.35am: Contract Disputes and Dispute Resolution Clauses: Managing the Dispute and Choosing the Appropriate Forum
- How to choose the appropriate dispute resolution method
- Arbitration (domestic and international)
- Expert determination
- Alternative dispute resolution
- Litigation
- Arbitration clauses: their the effect and enforceability
- Are there limitations on the subject matter of arbitral disputes?
- ADR, expert determination, arbitration or litigation
Presented by Suzy Madar, Partner, King and Wood Mallesons
11.35am to 12.20pm: Terminating Contracts
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 Tim Atkin, Partner, Maddocks
12.20pm to 1.05pm: Damages for Expectation Loss and/or Reliance Loss
- Expectation loss or reliance loss?
- Civil Liability Act factors
- 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 Giles Stapleton, Barrister, 9 Selborne Chambers
1.05pm to 1.15pm Final Q&A and Closing Comments by the Chair
Session 2
Key Contractual Considerations
Chair: Josephine Brook, Special Counsel, Clayton Utz
2.00pm to 3.00pm: 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
- Example clauses: what you want, and don’t want, in your contract
Presented by David Jury, Partner, HWL Ebsworth
3.00pm to 4.00pm: IP and Confidentiality Clauses in Contracts
- Relevant subject-matter
- Rules of ownership
- Assignment of IP
- Express or implied licence of IP
- Confidentiality vs privacy
Presented by Dianne Beer, Special Counsel, Thomson Geer
4.00pm to 4.15pm Afternoon Tea
4.15pm to 5.15pm: Statutory Intervention in Contract Law: Unfair Terms and Unconscionable Conduct
- The philosophy underlying statutory intervention
- When a term will be regarded as ‘unfair’
- What is the ACCC’s enforcement approach?
- The factors that influence a determination of unconscionable conduct under the ACL
- The available remedies
Presented by Bridie Nolan FCIArb, Barrister & Arbitrator, 12 Wentworth Selborne Chambers
Venue
Cliftons Sydney
Level 3, 10 Spring Street
Sydney 2000
NSW
Australia
Directions
Nearby Public Transport:
Train Stations - Wynyard 400m OR Martin Place 500m
Bus Interchange - Clarence Street 450m
Ferry - Circular Quay 1.2km
Parking Information
Parking not included in your registration. Here are some options below.
Secure Park 20 Bond Street - click here for rates
Wilson Park 1 O'Connell Street - click here for rates
Wilson Park 31 Bond Street - click here for rates