8:45 am
9:00 am

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

9:45 am

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?
Travis Tomlinson

Partner, MinterEllisonRuddWatts

11:00 am

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

Partner, Chapman Tripp

11:45 am

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


Victoria Stewart

Partner/CEO, Simmonds Stewart


Mark Renner

Partner, Tompkins Wake

Greg Simms

Senior Associate, Wynn Williams

Mark Williamson

Partner, DLA Piper

12:35 pm
1:35 pm

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

2:20 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
Kiri Tahana

Partner, Kahui Legal

3:30 pm

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

4:15 pm

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

Copyright © 2020 - Key Media Pty Ltd. - All rights reserved