Contract Law Disputes Masterclass
WEB213NZA36: A contract is only effective if it is enforceable. With contracts lying at the very heart of both the commercial and legal spheres it’s critical that you refine your knowledge, skills and strategies in this area. There’s no better way to perfect your abilities when working with a contract dispute than to attend this practical masterclass. Zero-in on when an unsigned contract can be enforceable, examine the requirements of a voidable transaction and receive clarification on a contract breach.
Description
Attend and earn 3 CPD hours
Chair: Rowan Butler, Barrister, Bankside Chambers
1.15pm to 2.00pm Enforcing Unsigned Contracts: When is an Unsigned Contract Enforceable?
Cover both the legal basis and strategic considerations relating to the enforcement of unsigned contracts, including:
- "Unwritten" vs "unsigned" contracts
- Which contracts require signatures (or need to be in writing)
- When the doctrine of part-performance can come to your aid
- Evidential considerations: proving the existence and terms of an unsigned contract
Presented by Bridgette White, Senior Associate, Russell McVeagh
2.05pm to 2.50pm Voidable Transactions
Examine ss292 – 296 of the Companies Act 1993 including:
- The elements require to be proved to establish a voidable transaction
- The time limits
- The defences available
- The quality of evidence required by
- The applicant to prove a voidable transaction
- The respondent to establish a defence
Presented by Paul Dalkie, Barrister
2.55pm to 3.40pm What to do When the Contract has Been Breached: Options, Remedies, Mitigation and Damages
- A party's ability to cancel a contract for repudiation, breach or misrepresentation
- Alternatives to cancellation
- The effects of breach, including the right to seek damages
Presented by Samuel Carey, Barrister, Bankside Chambers
3.45pm to 4.30pm Terminating Contracts
Deciding to terminate a contract is seldom easy. The commercial and legal consequences of getting it wrong may be significant. Much hangs in the balance for all parties to the contract.
- Consider the grounds and processes for terminating a contract
- Gain practical and strategic considerations for the party terminating the contract, as well as the party facing termination
Presented by Samuel Jeffs, Barrister, Bankside Chambers
Learning Objectives
- Examine unsigned contracts and whether they are enforceable
- Understand what make a transaction voidable
- Consider how to best approach a contract breach
- Understand when and how a contract can be terminated
Presenters
Rowan Butler, Barrister, Bankside Chambers
Rowan specialises in civil and regulatory litigation. He has been a member of Bankside Chambers since 2011. Rowan has experience in a wide variety of cases, in the High Court and Court of Appeal, ranging from shareholder & property disputes; trust and estate litigation; professional negligence claims; and insurance and contract litigation. He has acted in fraud trials both as Crown and defence counsel. He also practices in the professional disciplinary and regulatory sphere, including statutory liability proceedings and inquests.
Bridgette White, Senior Associate, Russell McVeagh
Bridgette is an experienced commercial litigator with particular expertise in complex contractual and company law litigation, property disputes, insolvency and financial regulation. Her practice covers bother contentious advocacy, alternative dispute resolution processes and advisory work. She has extensive experience in both the High Court and Court of Appeal. In addition to her New Zealand experience, Bridgette also has also worked in litigation at an eminent international firm in London.
Paul Dalkie, Barrister
Paul Dalkie has practised as a barrister for more than 24 years in New Zealand and Australia. He appears in and has appeared in a wide range of civil and commercial cases and arbitrations. Prior to becoming a barrister he practised as a solicitor in Queensland for more than 8 years including at two global firms Blake Dawson Waldron (now Ashurst) and Cannan & Peterson, Sly & Weigall (now Norton Rose Fullbright). He has appeared and argued cases and conducted trials and appeals at all Court's levels, including the Privy Council. His practice has particular emphasis on contract disputes of all kinds, and corporate law, especially insolvency and shareholders and directors disputes. He is admitted to practice in New Zealand, Queensland and Victoria, and in the Federal Courts of Australia.
Samuel Carey, Barrister, Bankside Chambers
Sam is an experienced commercial barrister at Bankside Chambers in Auckland and a member of Bankside's Singapore office. He practices across all areas of commercial and related disputes, with particular expertise in commercial/contractual disputes, insolvency, negligence, trusts and equity, tax, land and company law. After receiving his degree Sam spent 5 years in the litigation department at Ashurst Morris Crisp in London. Upon returning to New Zealand he obtained a first class Master’s Degree in Law, specialising in Commercial Law. He went to the independent bar in 2005, working as a junior at Shortland Chambers for 2 years before becoming a member of Bankside Chambers in May 2007. Sam has appeared as counsel at all levels of the New Zealand courts, including tribunals, and has regularly represented clients in mediations, arbitrations and judicially-assisted settlement conferences. He has also acted as clerk to the tribunal in many international arbitrations.
Samuel Jeffs, Barrister, Bankside Chambers
Samuel Jeffs is a barrister at Bankside Chambers specialising in commercial and civil disputes. Sam is a graduate of the Universities of Auckland and Oxford. Sam has spent his career at the bar, initially as a junior barrister and now as a barrister sole.