Contract Disputes Masterclass
With contracts being the corner-stone of commercial and legal transactions it’s imperative that you refine your knowledge, skills and strategies in this area – especially when you are dealing with a contractual dispute. Attend this not-to-be-missed practical masterclass and unpack important skills for effective dispute resolution, how to handle a contract breach and strategic considerations when terminating a contract. WEB233NZA37
Description
Attend and earn 3 CPD hours
Chair: Kim Francis, Partner, Lindsay & Francis
2.00pm to 3.00pm Effective Dispute Resolution
- Mediation vs arbitration
- Multi-tier dispute resolution clauses
- Tips for managing the dispute and planning for mediation
- Procedure and approach within a mediation
- Documenting settlement
Presented by Desley Horton, Barrister, Shortland Chambers
3.05pm to 4.05pm 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 Paul Dalkie, Barrister
4.05pm to 4.15pm Break
4.15pm to 5.15pm Contract Termination
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 Greg Simms, Partner, Wynn Williams
Learning Objectives:
- Understand how to manage a contracts dispute including avenues or mediation and arbitration
- Ensure you are across options, remedies, mitigation and damages relating to a contractual breach
- Learn best practice approaches to contract termination
Presenters
Kim Francis
Kim is a leading New Zealand lawyer in the field of complex commercial and regulatory disputes. He has over 20 years’ commercial and regulatory litigation experience, including 6 years’ London-based experience in international arbitration. He has been involved in some of the largest New Zealand claims against directors and auditors and other complex insolvency and priority related issues. Kim joined Tim Lindsay in forming Lindsay & Francis in 2021 after spending 10 years at a leading New Zealand litigation-specialist law firm, including over 6 years as partner. Kim holds a LLM (with distinction) from University College London and is noted as a leading New Zealand litigator in a number of legal directories.
Desley Horton
Desley specialises in commercial and civil litigation. She has advised and acted for parties in a range of disputes, with particular experience in disputes arising from contracts, shareholdings, and trusts and estates. Desley has appeared before a number of courts and specialist tribunals, including arbitrations. Before joining Shortland Chambers, Desley worked at Wilmer Cutler Pickering Hale and Dorr LLP in London, where she was counsel in the firm’s international litigation and arbitration team and acted for clients in a range of complex commercial disputes. Prior to that, Desley was a member of Russell McVeagh’s litigation team in Auckland. Desley graduated from Stanford University with an LLM and the University of Auckland with BA/LLB (Hons) degrees.
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.
Greg Simms
Greg specialises in commercial dispute resolution. He is a highly accomplished litigator, appearing before courts and tribunals and in mediations and investigations. Greg advises clients in the private and public sectors on disputes involving commercial contracts, company law, statutory liability (particularly the Fair Trading Act and Financial Markets Conduct Act), professional liability, product and public liability, commercial property and leases, and trusts and equity. He is particularly experienced in large and complex litigation. Greg is called upon by clients for advice and representation in relation to investigations into financial, regulatory and other sensitive matters. He is highly regarded for his astute and sensitive approach to such matters. Greg is also experienced in proceedings before the English courts and international arbitral tribunals, having practised at a Magic Circle firm in London where he led teams on complex and high value commercial disputes and investigations across multiple jurisdictions. Greg holds a BCL (with distinction) and MPhil from the University of Oxford