Schedule 2020

 

Thursday, March 5, 2020

 

8:15am

Registration opens

8:45am

 

 Opening remarks from the Chairperson

 Malisa Howard, Director and Solicitor, Jaide Law

9:00am

Award winners panel: Negotiating complex contracts 

 

In this panel, the finalists from the Australasian Law Awards will draw on practical experience from leading the nation’s most significant deals to discuss contract negotiation.

  • Overcoming roadblocks in multifaceted and multi-party negotiations
  • Conducting negotiation via email and in person – pros and cons
  • Negotiation strategies compared – how can you achieve quick wins?
  • How to educate your client (or colleagues) about the risks involved
  • How to deal with ultimatums to keep negotiations moving

Panellists:

Mark Crean, Partner, Jones Day

Rebecca Maslen-Stannage, Partner, Herbert Smith Freehills

Lou Stojanovski, Director Lawyer, Keystone Lawyers

Moderator:

Malisa Howard, Director & Solicitor, Jaide Law

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

10:00am

No love lost: Recent cases on rescission, termination and dispute resolution 

 

This session will provide discuss the practical implications of a several cases in Australia and UK regarding contract termination, damages, arbitration and dispute resolution.

  • Split dispute resolution clauses – lessons from RWHP v Lendlease
  • Interpretation of arbitration agreements - lessons from the High Court decision in Rinehart v Hancock Prospecting Pty Ltd; Rinehart v Rinehart[2019] 
  • Determining an appropriate dispute resolution clause to suit your commercial circumstances

Jo Delaney, Partner, Baker McKenzie

10:45am

Morning tea and refreshment break

11:15am

Drafting intellectual property clauses and agreements 

 

This session will provide practical guidance on the contractual and commercial issues that can arise in intellectual property licensing and tech transfer agreements.

  • Implications of the Treasury Laws Amendment (2018 Measures No. 5) Act2019 for IP contracts
  • Consequences of the reforms for pre-existing and new IP arrangements, understandings, licenses and contracts
  • Practical guidance on negotiating and drafting IP licensing agreements
  • Ensuring that your IP licensing agreements comply with ACCC requirements
  • Lessons from Kim Kardashian’s infamous attempt to trademark the word ‘kimono’ 

James Lawrence, Partner, Mills Oakley

12:00pm

All is fair? How the ACCC is enforcing unfair contract term provisions 

 

Under the Australian Consumer Law (ACL), a court can determine that a term of a standard form contract is unfair and therefore void, meaning that the contract is treated as if the term never existed.

  • Lessons from ACCC v Servcorp Limited [2018] regarding unfair contract terms
  • Why the ACCC made Uber Eats amend its contracts
  • When will unfair contract laws be applied and how should precedent standard form contracts be amended in order to comply?

David Carter, Partner, Dentons

12:45pm

 Networking Lunch

1:45pm

Indemnities and liabilities: practical guide to enforcement

 

This session will provide practical guidance on the interaction between warranties, indemnities, limitation and exclusion of liability in commercial transactions.       

  • How to enforce an indemnity on a practical level
  • How and when is an indemnity better than a warranty?       
  • The practical differences between indemnities and straight breach of contract claims when making a claim
  • Enforceability and scope of indemnities in case law
  • Lessons from Globe Church Incorporated v Allianz Australia Insurance[2019] relating to imitation periods for indemnity claims in commercial contracts
  • Interaction between indemnities and breaches of contract
  • How to advise a client in relation to the likelihood of risk presented by an indemnity              
  • How to negotiate and narrow an indemnity when representing a supplier
  • What benefits and risk are there is in agreeing an indemnity for breach of contract?

Katie Clark, Partner, MinterEllison

2:45pm

Did I say that? Pre-contractual negotiations, oral modification and letters of offer

 

No-oral modification (NOM) clauses have recently come under scrutiny in the United Kingdom courts. How should parties manage the variation of commercial contracts?

  • Non-oral modification clauses - managing variations of contracts
  • Rock Advertising Ltd v MWB Business Exchange Centres Ltd [2018]
  • Practical guidelines on drafting enforceable NOM clauses
  • Under what circumstances a deed should be used for recording variations?  
  • Extrinsic evidence of pre-contractual negotiations – lessons from Aurizon Network Pty Ltd v Glencore Coal Queensland Pty Ltd & Ors [2019]
  • When do parties intend to be bound? Lessons from Molonglo Group (Australia) Pty Ltd v Cahill [2018]
  • When does a letter of offer signed by both parties amount to a binding contract? Lessons from The Edge Development Group Pty Ltd v Jack Road Investments Pty Ltd [2019] VCA 91

Melissa Fai, Partner, Gilbert + Tobin

3:30pm

Afternoon tea and refreshment break

3:45pm

Award-winner case study: Insolvency and restructuring deal of the year 2019

Tim Klineberg, Partner, King & Wood Mallesons

4:15pm

Advanced workshop: Writing clear and concise contracts

 

This interactive and hands-on workshop will equip you with practical skills to improve your contract writing skills. You will learn how to draft enforceable contracts more effectively and skillfully. 

  • Drafting well structured, practical, clear and concise commercial contracts
  • When to use plain English and when to avoid it
  • Balancing clarity, legality and commercial considerations
  • Case examples illustrating poor and high quality drafting
  • Avoiding basic contract drafting errors that can invalidate contracts
  • How prescriptive should contractual clauses be?
  • How to adapt theoretical drafting techniques real-world situations
  • Tips for drafting multi-party agreements, international negotiations, settlement agreements

Scott Alden, Partner, Holding Redlich

5:00pm

Conference Concludes

 

 

Submit an enquiry


 

Contact Us

Kriztle Regalado
Event Coordinator

P: +612 8437 4744 | ext 744
E: kriztle.regalado@keymedia.com

Testimonials

Top
We use cookies to improve our website. By continuing to use this website, you are giving consent to cookies being used. More details…