Schedule 2019

 

Thursday, February 28, 2019

 

8:00am

 

Registration opens

8:45am

 

Opening remarks from the chairperson

Joseph Manner, Barrister at Law

9:00am

 

Ipso facto clauses and the right to terminate for insolvency

   

New rules are now in place to restrict the operation of ipso facto clauses in insolvency events. How can you protect your business or clients against insolvency risks?

  • Overview of the new provisions (sections 415D-415G, 434J-434M and 451E-451H)
  • Enforcing rights to terminate for delay, late payment or licensing issues
  • Strategies for minimising exposure to contractor insolvency risk
  • Protecting rights against the possibility of future insolvency events
  • Enforcing contractual rights against a company in financial difficulty
  • Exceptions to the stay on the exercise of ipso facto provisions

David Walter, Partner, Baker & McKenzie

 

9:45am  

Enforceability of click-wrap and browse-wrap agreements

   

Online contract have become the norm, forcing the courts to re-consider the application of age-old principles of contract law. How are the courts treating online contracts?

  • The risks involved in clickwrap, sign-in wrap and browse-wrap agreements
  • Implications of the Uber case (Meyer v Kalanick & Uber Technologies) for Australia
  • What counts as reasonably conspicuous notice of terms and conditions? (Surfstone Pty Ltd v Morgan Consulting Engineers Pty Ltd [2016])
  • How to ensure that you’re bringing incorporated terms to the contracting party’s attention?
  • What does the future hold for online contracts?

Tal Williams, Partner, Holman Webb Lawyers

 

10:30am

 

Morning tea

11:00am  

Australian Consumer Law (ACL) update

   

Companies that contravene the Australian Consumer Law (ACL) will now face tougher penalties of up to $10 million per contravention or 10% of annual turnover, making ACL compliance critically important.

  • How the courts are determining pecuniary penalties for ACL breaches
  • Are non-disparagement clauses void under the Australian Consumer Law?
  • The use of limitation periods, liability caps and exclusions on classes of damages to limit the operation of the ACL
  • How effective are contractual limitations on ACL rights?
  • Practical examples of effective consumer law compliance programs

Lynsey Edgar, Partner, Dentons

11:45am  

Enforceability of verbal contracts – lessons from the UK

   

Two recent cases in the UK provide guidance on the legal standing of non-oral modification clauses in written agreements in Australia.

  • When can a written agreement with a non-oral modification (NOM) clause be varied verbally?
  • Implications of Blue v Ashley [2017] and Rock Advertising v MWB Business Exchange Centres for Australian contracts
  • Dealing with allegations of oral variations or oral collateral contracts
  • How to draft an enforceable no oral modification (NOM) clause

Stephen Klotz, Partner, Hall & Wilcox

12:30pm

 

 

Lunch

 

1:30pm  

Panel: Risks and opportunities of blockchain and smart contracts

   

Blockchain is still a work in progress from a legal and operational perspective. This thought-provoking panel will discuss the enforceability and risks of smart contracts.

  • Know your customer checks and blockchain: complying with anti-money laundering and counter terrorism financing (AML/CTF) laws
  • What are the risks of blockchain repeating and compounding errors or fraud?
  • Does blockchain have mechanisms to detect infiltrators?
  • How powerful is private key cryptography as an ownership tool?
  • How easy is it to detect and modify errors in blockchain?
  • Problems with legal enforceability with a “permissionless” distributed ledger
  • Dispute resolution mechanisms relating to distributed ledger technology

Panellists:

Mark Toohey, Legal Director, Adriot Lawyers

Michael Bacina, Partner, Piper Alderman

Richard Prangell, Director, Viridian Lawyers

David Andrews, Associate, Maddocks

2:30pm  

Warranties, indemnities and insurance

   

This session will discuss the interplay between warranties, indemnities, insurance and limitations of liability in commercial contracts.

  • Effective contractual devices to minimise or avoid liability
  • Interaction between indemnities and insurance
  • Allocating risks in commercial contracts
  • How does warranty insurance impact the negotiation of warranties?
  • Implications of Champion Homes Sales Pty Ltd v Commissioner for Fair Trading [2018] regarding the standard of liability for breaches of statutory warranties
  • Warranties for the purpose of contractual provisions or disciplinary provisions
  • Caw law overview– how enforceable are broad indemnity clauses?

Ray Giblett, Partner, Norton Rose Fulbright

3:30pm

 

Afternoon tea

3:45pm  

Successful contract negotiation strategies

   

This practical workshop will help you to hone your negotiation skills so that you can adapt your negotiation style and strategies to your circumstances.

  • Selecting the negotiation style that suits the context and commercial circumstances
  • Taking control of the timing and pace of a contractual negotiation
  • Agreeing settlement parameters and walk-away positions
  • Managing difficult clients with unrealistic expectations

Scott Alden, Partner, Holding Redlich

(Participants may claim 1 CPD Unit: Professional Skills: 1 hour)

 

4:15pm  

Legal ethics in contract negotiation

   

This one hour session will provide guidance on identifying and navigating conflicts of interest in the practice of law, with a particular focus on commercial contract negotiation and drafting.

  • Walking the fine line between competitive and unfair advantage
  • Confidentiality and client privilege in contract negotiation
  • What should you do if you realise that your opponent has made a mistake?
  • The ethics and enforceability of non-disclosure agreements in a post #MeToo world

Peter Francis, General Counsel, Maddocks

(Participants may claim 1 CPD Unit: Ethics and Professional Responsibility)

5:15pm

 

Close

 

 

Submit an enquiry


 

Contact Us

Val Baluyot
Event Coordinator

P: +61 2 8011 3361
E: val.baluyot@keymedia.com

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