Schedule 2020


Thursday, March 5, 2020



Registration opens



 Opening remarks from the Chairperson

 Malisa Howard, Director and Solicitor, Jaide Law


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


Mark Crean, Partner, Jones Day

Rebecca Maslen-Stannage, Partner, Herbert Smith Freehills

Lou Stojanovski, Director Lawyer, Keystone Lawyers


Malisa Howard, Director & Solicitor, Jaide Law

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


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


Morning tea and refreshment break


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


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


 Networking Lunch


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


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


Afternoon tea and refreshment break


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

Tim Klineberg, Partner, King & Wood Mallesons


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


Conference Concludes



Submit an enquiry


Contact Us

Kriztle Regalado
Event Coordinator

P: +612 8437 4744 | ext 744


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