- 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)
Partner, Jones Day
Partner, Herbert Smith Freehills
Director Lawyer, Keystone Lawyers
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
- Determining an appropriate dispute resolution clause to suit your commercial circumstances
Partner, Baker McKenzie
- 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’
Partner, Mills Oakley
- Lessons from ACCC v Servcorp Limited  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?
- 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 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?
- Non-oral modification clauses - managing variations of contracts
- Rock Advertising Ltd v MWB Business Exchange Centres Ltd 
- 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 
- When do parties intend to be bound? Lessons from Molonglo Group (Australia) Pty Ltd v Cahill 
- 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  VCA 91
Partner, Gilbert & Tobin
Partner, King & Wood Mallesons
- 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
Partner, Holding Redlich