Contract Clauses Masterclass
A deep understanding of the mechanics of contract clauses is crucial in almost any commercial matter or transaction. This practical webinar will enable you to gain a mastery of some of the most important clauses. Whether using a clause as a shield or a sword, these contract specialists will focus on the most important contract clauses and what causes the most problems. WEB2111NZA13
Description
Attend and earn 3 CPD hours
Chair: Penny Bower, Head of Legal, Waste Management NZ Limited
1.15pm to 1.20pm Opening Comments by the Chair
1.20pm to 2.20pm To Bee or Not to Bee: When is it a Penalty?
The recent revision of the legal test for when a term will be regarded as an unenforceable penalty by the Supreme Court will be discussed including:
- A consideration of the Supreme Court’s 127 Hobson Street v Honey Bees Preschool decision
- The practical consequences of the new test
- Some tips on the drafting of effective liquidated damages and similar clauses
Presented by John Steadman, Chapter Lead - Procurement, Spark NZ
2.20pm to 3.20pm Variation and Termination Clauses: Where They Can Go Wrong
Join Paul Dalkie as he examines how to best use variation and termination clauses in commercial contracts to avoid disputes.
Presented by Paul Dalkie, Barrister
3.20pm to 4.20pm Privacy, Confidentiality and IP Clauses
- Best practice for protecting valuable information through contract
- Ensuring confidentiality clauses are fit for purpose
- Complying with statutory obligations including the Privacy Act 2020
- Common mistakes and pitfalls
Presented by Kristin Wilson, Senior Associate, Bell Gully
4.20pm to 4.30pm Final Q&A and Closing Comments by the Chair
Learning Objectives:
- Receive a timely update on penalty clauses
- Examine how to work with variation and termination clauses
- Gain a deeper understanding of dispute resolution clauses
- Learn how to use privacy, confidentially and IP clauses in contracts
Presenters
Penny Bower
Penny has over 20 years' experience both in-house and at law firms in New Zealand and the UK. As in-house corporate counsel, Penny provides advice to the business on a range of matters (strategic and day to day) as well as managing external legal counsel on matters briefed out to ensure that those legal services are provided in the most effective manner. Penny’s role is pivotal within the Corporate Governance team and she is relied on to provide advice and support to all members of that team encompassing health and safety, environment, policy and regulation, sustainability and communications.
John Steadman
John has 20 years’ experience in law. He spent 8 years in private practice in a variety of commercial and litigation roles before moving in-house to support the ICT business arm of Telecom New Zealand. John spent 8 years working for the Telecom/Spark in-house legal team in a variety of roles before moving into a commercial role for three years as the Head of Strategic Projects where he was responsible for the negotiation and contracting of $2b+ 4G network contracts, online media platforms Lightbox and Spark Sport and ran the 5G network negotiations. He is an experienced technology and telecommunications lawyer and was working for the Chorus legal team supporting the roll out of fibre across New Zealand before returning to Spark. John also regularly speaks and writes on legal topics. He has taught negotiation for the College of Law since 2011 and has studied at the Harvard Negotiation Institute
Paul Dalkie
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.Visiting lecturer at the Beijing Jiaotong University, Beijing, China in Corporations Law and Contract Law
Kristin Wilson
Kristin Wilson is an experienced litigator with particular expertise in advertising, food law, privacy (including cyber security), media law and intellectual property. She prides herself on providing pragmatic, commercial and timely advice to clients. She regularly provides legal advice to clients as to how to best comply with the Fair Trading Act, Gambling Act, Privacy Act and Advertising Standards Authority codes. She is experienced in vetting advertisements and promotions, drafting terms and conditions, and responding to Advertising Standards Authority complaints. She advises on a wide range of food law issues, including marketing, export and import requirements, and regulatory compliance including advising on the Food Standards Australia New Zealand (FSANZ) Code, the Food Act, the Wine Act and related regulations and industry codes.
Testimonials
“I found every presentation very insightful”
“There were great discussions/information on areas very relevant for my business”
“I have upskilled my knowledge”