Schedule 2020

Tuesday 24 March 2020

8:15am

Registration opens

8:45am

Opening remarks from the Chairperson

Victoria Stewart, Partner/CEO, Simmonds Stewart

9:00am Agile contracting – balancing control with agility
 

Agile methodology is now widely used in the IT sector, presenting lawyers with several contractual challenges. This session will discuss new approaches to contract drafting that balance risk with flexibility.

  • What legal questions are raised by agile projects?
  • How to insert controls into agile methodology without removing the benefits of agility
  • Tips for drafting contracts that facilitate agile methodology
  • How to draft clauses relating to the ‘sprint’ process
  • Which warranties should be included in an agile contract?

 Hayley Miller, Partner, Kensington Swan

9:45am No-oral modification clauses - managing variations of contracts
 

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

  • Are NOM clauses still enforceable?
  • 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? 

 Janine Stewart, Partner, MinterEllisonRuddWatts

10:30am

Morning tea and refreshment break

11:00am Penalty clauses in contracts: future of the disproportionality test
 

The recent Court of Appeal decision in the Honey Bees Preschool case has confirmed the scope of the rule against unenforceable penalties.

  • Lessons from 127 Hobson Street Ltd v Honey Bees Preschool Ltd[2019] 
  • How has the traditional test of 'genuine pre-estimate of loss' shifted?
  • When does a clause provide proportionate protection of interests?
  • How to ensure that your clauses are not considered punitive
  • Lessons for the drafting of liquidated damages clauses in construction contracts
  • Secondary obligations flowing from the breach of a primary obligation

Lauren Curtayne, Senior Associate, Chapman Tripp

11:45am PANEL: Successful cross border contracting strategies
 

Hear from some of NZ’s top-tier law firms in this thought-provoking panel discussing cross-jurisdictional international contracting strategies.

  • Dealing with conflicts of laws in international contracts
  • Which venue or body is generally acceptable to contracting parties?
  • Waterfall of preferable venues and approaches
  • Enforceability in cross border transactions
  • Differing rules in differing jurisdictions including USA, UK and China

Panellists:

Richard MasseySenior AssociateBell Gully 

Rebecca SaundersPartnerWynn Williams 

Mark WilliamsonPartnerDLA Piper 


12:35pm

Networking Lunch
1:35pm Indemnities and liability: practical guide to enforcement
 

Indemnities remain one of the most challenging aspects of contractual negotiation and drafting today. This session will provide practical guidance on the use of indemnities and warrantees in commercial transactions.     

  • How to enforce an indemnity on a practical level
  • How and when is an indemnity better than a warranty?       
  • The extent to which an indemnity clause includes costs
  • Interaction between indemnities and breaches of contract
  • 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?

Anton Trixl, Partner, Anderson Lloyd

2:20pm 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

Kiri Tahana, Partner, Kahui Legal

3:00pm

Afternoon tea and refreshment break
3:30pm Online contracts – lessons from overseas
 

While e-commerce terms and conditions are yet to be tested in New Zealand courts, overseas cases can provide guidance on their enforceability.

  • Creating user-friendly contracts for online execution that appropriately balance the protection of risk with informed consent and minimise 'legalese'
  • Enforceability of online contracts - how will 'fairness' standards apply?
  • New Zealand implications of Nicosia v Amazon relating fine print in electronic contracts
  • Tips for drafting click-wrap and browse-wrap agreements in a commercial context

Henry Willis, Partner, Webb Henderson

4:15pm Pre-contractual negotiation and communication
 

This session will examine the nature and extent of what is admissible to determine the parties' intention when contracting.

  • Are matters of extrinsic evidence, background negotiations and conduct of the parties relevant to interpretation?
  • When will pre-contractual statements or emails become terms of an agreement 
  • Do courts give primacy to the express words of the contract?
  • When can evidence of pre-contractual negotiations be presented in contract interpretation cases
  • Contractual interpretation approaches abroad: Australia and UK

Marika Eastwick-Field, Partner, Russell McVeagh

5:00pm

Conference concludes

 

 

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Contact Us

Kriztle Regalado

P: + 61 2 8437 4744
E: kriztle.regalado@keymedia.com

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