Re-examine the building blocks of your practice – contracts. Examine everything from the new Unfair Contracts term reforms to the myriad of clauses required to minimise and allocate risk including the current concern of cyber risk allocation in contracts. Gain valuable insights into contract termination, an in-depth damages analysis and practical tips for resolving contract disputes through arbitration. Join us to learn from top legal minds and conquer the complexities from drafting through to dispute resolution. 243Q04
- Informal commercial contracts based on com.au Pty Ltd v Hardingham (2022) 406 ALR 678
Presented by Mark D Martin KC, Barrister-at -Law, Level 10 Inns of Court, Recommended Insolvency & Restructuring Senior Counsel, Doyle’s Guide 2023
Chair: Peter Roney KC, Griffith Chambers
- Different types of intellectual property and their significance in contractual agreements
- Typical mistakes and pitfalls in IP clauses that can lead to disputes or loss of valuable assets
- Drafting IP clauses to minimize risks and ambiguities
- Real-world examples of contractual disputes related to IP issues and lessons learned
- Improving the safeguarding of your intellectual property with carefully written clauses
- Best practices for negotiating IP terms and warranties
- The role of confidentiality, non-compete, and non-disclosure clauses
Presented by Dr Anne M Fitzgerald, Barrister, Dr Anne Fitzgerald
- In what circumstances are you entitled to terminate?
- Termination procedures and notices
- Consequences of termination
- Damages and other remedies for termination
Presented by Greg Richards, Partner, Mills Oakley
- Gain in-depth analysis of the different methods applied to measure damages in commercial transactions including:
- Damages for breach of contract
- Lost opportunity damages
- Damages under the Australian Consumer Law
Presented by Karyn Reardon, Partner, Piper Alderman
- Overview of arbitration
- Types of arbitration
- Drafting arbitration clauses
- Enforcing arbitration agreements and awards
Presented by Erika Williams FCIArb, Independent Arbitrator, Williams Arbitration; Recommended Arbitrator, Doyle’s Guide 2023
- What are likely cyber risks?
- Cyber security governance
- Moving from insurance to assurance
- Contracts where cyber risk should be considered
- Cyber risk minimisation
- Supply chain management
- Misuse of standard clauses and audit checklists
- Understanding standards – ISO27001, Essential Eight, CSCAU, NIST
- Dealing with the international nature of third party risks and liability
Presented by Professor John Swinson, BA LLB LLM, The University of Queensland; Leading Intellectual Property Lawyer, Doyle's Guide 2023, Best Lawyers 2023, Technology, Media & Telecommunications, Best Lawyers 2023, Commercial Law; Best Lawyers 2023, Information Technology Law; Best Lawyers 2023, Intellectual Property Law; Best Lawyers 2023, Privacy and Data Security Law
Chair: Christopher Crawford, Barrister, Level 10, Inns of Court
Attend and earn 7 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories
Presenters
Dr Anne Fitzgerald, Barrister, Dr Anne Fitzgerald
Dr Anne Fitzgerald is a Barrister (Queensland and Tasmania), who has practised, taught and researched in the areas of intellectual property law, internet/e-commerce law, technology and the law and international law. She has worked as a senior legal academic, in private and public sector legal practices and as an adviser to government. Anne has a JSD degree from Columbia University, New York (2002), a LLM degree from Columbia University (1992) and a LLM (International Business Law) from the University of London (1989). She graduated with a LLB(Hons) from the University of Tasmania and was Associate to the (then) Chief Justice (and later Governor) of Tasmania, Sir Guy Green. She has held academic appointments at several Australian universities and has presented conference papers, guest lectures and seminars worldwide. Until 2014 Anne held an appointment as Professor of Law at QUT Law Faculty where she took a leading role in landmark research projects and supervised several PhD candidates. At QUT, Anne was a member of the team that inaugurated the WIPO-QUT IP Masters in 2010 and was responsible for the Patent Law & Biotechnological Inventions course in the WIPO program. In 2012 and 2013 Anne led QUT Law School's Intellectual Property and Innovation Law research program. Anne has been a member of Australia's two principal federal government-appointed standing advisory committees on intellectual property: the Advisory Council on Intellectual Property (ACIP) and the Copyright Law Review Committee's Expert Advisory Group. She was a consultant to the review of Australia's innovation system (Venturous Australia: Building strength in innovation (2008)) and was commissioned Government 2.0 Taskforce to write a report on copyright (Engage: Getting on with Government 2.0 (2009)). From 2005 Anne was the legal lead on projects that modelled and implemented systems for the application of Creative Commons licences to government copyright materials (public sector information) and publicly-funded research outcomes (such as journal articles and data). From 2007 to 2014 Anne was the project lead for Creative Commons Australia's engagement with the Australian public sector and played a central role in the work that resulted in Creative Commons licences being adopted as the default copyright licence by the Australian federal government in 2010, followed by other Australian State governments. Anne has published extensively in her fields of expertise. Her most recent publication is Intellectual Property: Principles and Practice (with D Eliades and R Olwan), Thomson Reuters, Sydney, 2022. Other recent publications include: Introduction to Intellectual Property, (with D Eliades), Thomson Reuters, Sydney, 2015; Intellectual Property Law (Nutshell series), (with D Eliades), Thomson Reuters, Sydney, 4th ed, 2015; Internet and E-Commerce Law, Business and Policy (with Brian Fitzgerald and others), Thomson Reuters, Sydney, 2011.
Ms. Karyn Reardon, Partner, Piper Alderman
Karyn Reardon has specialised in the resolution of large construction and engineering disputes since 1995. She has successfully facilitated the commercial resolution of a wide range of disputes using a variety of processes (including traditional court processes, arbitration, adjudication, mediation and others). As well as drafting and reviewing project documentation, Karyn regularly advises members of the construction and engineering industries on how legislative and other changes will affect their business. She has first-hand experience in the construction industry, having worked for one of Australasia’s largest rural construction companies. Karyn regularly delivers papers to construction industry bodies and at alternative dispute resolution forums. She has teaching experience with the Queensland University of Technology and has conducted onsite training for corporate and government clients. She is a graded arbitrator and an accredited mediator.
Mr Mark Martin KC, Barrister-at -Law, Level 10 Inns of Court
Martin KC practices in the following areas: commercial, property, insolvency, intellectual property and defamation. He was admitted as barrister in 1987 and Queen's Counsel in 2013. He is Honorary Counsel for the Queensland Reds and Wallabies. Mark is married with 4 children; boys aged 32, 31 and 27 and a girl aged 24. His interests include mountain bike riding and snow skiing.
Mr. John Swinson, Professor - School of Law, The University of Queensland
John Swinson's principal interests are intellectual property law, Internet law, privacy law, cybersecurity law and the application of law to new technologies. John commenced as a part-time professor at the T.C. Beirne School of Law in November 2017. John graduated from the T.C. Beirne School of Law in 1998 with a University Medal. He also has a Bachelor of Arts majoring in computer science from The University of Queensland and a Master of Laws from Harvard Law School where he studied as a Fulbright Fellow and a Frank Knox Scholar. From 1999 until 2017, John was an adjunct professor at QUT. John was a partner at the law firm King & Wood Mallesons from 1999 to 2021. He was also Chairman of the auDA Policy Review Panel, which made recommendations to the auDA Board to revise Australia's domain name policies in 2019. Since 2000, John has been an arbitrator for the World Intellectual Property Organisation (WIPO) in Geneva, and has decided over 350 disputes regarding the ownership of domain names.
Erika Williams FCIArb, Independent Arbitrator, Williams Arbitration
Erika Williams is a leading international arbitration practitioner with significant experience acting in some of Australia’s largest disputes resolved through arbitration. Erika is experienced in commercial, construction and investment arbitration and has acted in arbitrations under a variety of arbitral institutions. Erika sits as arbitrator and tribunal secretary and is on the arbitrator panels of leading arbitral institutions including the Chartered Institute of Arbitrators, the Singapore International Arbitration Centre, the Hong Kong International Arbitration Centre and the Australian Centre for International Commercial Arbitration plus many more. Erika has been listed as a leading arbitration lawyer in Australia in Doyles Guide for the last three years and was recognised as the Arbitration Practitioner of the Year at the Australian ADR Awards 2021.
Mr. Greg Richards, Partner, Mills Oakley
Greg Richards is a partner in the Building, Construction and Infrastructure group of Mills Oakley in Brisbane. With nearly 30 years’ experience in legal practice, he is highly experienced in litigation and other forms of dispute resolution. Greg has acted for principals, contractors, subcontractors, consultants, insurers and liquidators giving him a unique perspective on disputes in the construction industry and an understanding of the key drivers and concerns of different parties. Greg uses legal processes to full effect to achieve strategic outcomes for clients. Greg has been described in The Legal 500 Asia Pacific as ‘one of the best in the Brisbane market’ and as ‘detailed, easy to work with.