Schedule

CONTRACT LAW MASTERCLASS SYDNEY | 5 MARCH

8:45 am

Opening remarks from the Chairperson

Malisa Howard

Director & Solicitor, Jaide Law

9:00 am

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

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

Moderator:

Malisa Howard

Director & Solicitor, Jaide Law

Panellists:

Mark Crean

Partner, Jones Day

Rebecca Maslen-Stannage

Partner, Herbert Smith Freehills

Lou Stojanovski

Director Lawyer, Keystone Lawyers

10:00 am

No love lost: Recent cases on dispute resolution

This session will discuss the practical implications of 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

11:15 am

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

12:00 pm

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

12:45 pm
1:45 pm

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

2:45 pm

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

4:15 pm

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

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