Archives: Schedule

Post Type Description

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

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

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?

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?

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’
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