Contract Disputes Masterclass
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 contract interpretation, mediating a contract dispute, the impact of insolvency on contracts and contract termination. WEB223NZA38
Description
Attend and earn 3 CPD hours
Chair: Kelly Paterson, Partner, Buddle Findlay
2.00pm to 2.45pm Contract Interpretation and Construction
- The difference between the principles of contractual interpretation vs construction
- Refresher on the admissibility of extrinsic evidence: prior negotiations and post-contract conduct
- The threshold for implying terms into a contract
- An update on the case law including the significant ruling in the Supreme Court in Bathhurst Resource Ltd v L&M Coal Holdings Ltd [2021] NZSC 85
Presented by Melissa Hammer, Partner, Anderson Lloyd
2.45pm to 3.30pm Mediating Contract Disputes
Mediation provides a powerful tool for resolving disputes and restoring positive commercial relationships. However, different skills are required from lawyers and clients to unlock the benefits. Examine the issues including:
- Benefits of mediation (compared to alternatives such as negotiation, arbitration, or litigation)
- Multi-tier dispute resolution clauses
- The role of the mediator, the lawyers, and the parties
- Tips for managing the dispute and preparing for mediation
- Process and strategy within a mediation
- Documenting settlement
Presented by Laura O’Gorman KC, Bankside Chambers
3.30pm to 3.45pm Break
3.45pm to 4.30pm Terminating a Contract
Contracts can be terminated for many reasons but the right to terminate, and the remedies that flow, are not always straightforward.
- Discuss some of the key grounds to terminate
- Explore the risks of unlawful termination
- Examine frustration of contracts
- Terminating "at will" and sunset clauses
- Case law update
Presented by Harriet Quinlan, Senior Associate, Anthony Harper
4.30pm to 5.15pm Impact of Insolvency on Contracts
- An overview of the effect that the different corporate insolvency regimes have on contracts generally
- The effect of voluntary administration on certain contracts, such as leases and agreements which grant security interests in personal property
- Situations when contracts can still be enforced notwithstanding formal insolvency of a party, for instance by obtaining injunctive relief
- Claims by liquidators in relation to certain contracts entered into when the company is insolvent
- Case law update
Presented by Ben Russell, Partner – Dispute Resolution, Lane Neave
Learning Objectives:
- Gain a deeper understanding of contract interpretation and construction
- Learn the benefits of mediating a contract dispute
- Understand when and how a contract can be terminated
- Examine the impact of insolvency on contracts
Presenters
Kelly Paterson
Kelly Paterson specialises in commercial litigation. She advises on a wide range of commercial litigation issues, including contract disputes, insurance disputes, insolvency and credit recovery, local government issues, property disputes and security enforcement. Kelly has appeared in courts at all levels, as well as Tribunal and Arbitration hearings. Kelly acts for receivers and liquidators and assists with complicated receiverships and pursuing claims against directors of insolvent companies for breaches of directors’ duties. Kelly has a particular interest in class actions and acted as counsel for Southern Response (with Tom Weston QC) in the Ross v Southern Response class action, a proceeding that tested the boundaries of the class action framework in New Zealand.
Melissa Hammer
Melissa is a Partner in the Anderson Lloyd Litigation Team. Melissa is a specialist dispute resolution lawyer with broad expertise having worked as both a civil litigator and Crown prosecutor. She has extensive experience acting in civil disputes, including experience in insurance and professional indemnity claims, insolvency matters, contractual, property and equity related disputes as well as criminal and regulatory prosecutions. Melissa is an experienced advocate in the Court room having represented the Crown as junior and lead counsel prosecuting serious crime in the District Court and High Court, as well as appearing in the Court of Appeal for both criminal and civil appeals. Melissa is recognised for her expertise in dispute resolution including being selected for the NZ Lawyer Rising Stars 2021 list. Prior to joining Anderson Lloyd, Melissa commenced her career as a Judges’ Clerk in the Wellington High Court. She has also spent time working as a Crown Prosecutor and an Associate in two leading litigation practices in Auckland. Melissa is on the committee for the Otago Women Lawyers’ Society.
Laura O’Gorman KC
Laura is an experienced commercial litigator with broad skills, including specialist expertise in complex contractual disputes and corporate law matters, insolvency, judicial review and competition law. She appears regularly in the High Court and Court of Appeal and has been ranked as a leading lawyer by numerous directories (including Chambers Global). After 14 years as a partner at Buddle Findlay, she moved to the bar in April 2019, joining Bankside Chambers.
Ben Russell
Ben is a litigation specialist with broad expertise in commercial litigation and insolvency. He regularly advises clients on a range of commercial issues, including contractual, property, trust, fair trading, and shareholder disputes. Ben often gives advice to business involved in the agriculture, tourism, commercial property and financial services sectors. Ben regularly represents clients in the High Court and at arbitrations and mediations. Throughout Australia and New Zealand, He has been involved in advising administrators, liquidators, receivers, secured lenders and other stakeholders in complex corporate insolvencies, particularly in relation to contentious aspects. Ben applies a strategic and pragmatic approach to resolving complex commercial disputes. Before joining Lane Neave in 2008 he was at another national New Zealand Law firm in Auckland and before that he spent 4 years at a national firm in Sydney, Australia.
Harriet Quinlan
Harriet Quinlan works on general commercial litigation matters, with a focus on insolvency and contract disputes. Harriet has appeared in the Court of Appeal including in insolvency proceedings, construction contract disputes, voidable transaction proceedings and major human rights litigation. She has also appeared in the High Court and District Court and acted for clients in multi-million dollar adjudications, arbitrations and mediations.