Contracts: Strategies, Risks, Clauses and Cases

Gain guidance through critical contract clauses you need to get right for risk mitigation. Delve into the risks from the reformed Unfair Contract Terms regime and good faith negotiations. Get your guarantees and indemnity clauses right for risk mitigation and ensure your contract drafting is right for guarantees and termination clauses. Benefit from straightforward analysis, practical examples and real-world case studies, making it easy to navigate and safeguard against costly mistakes.

Friday, 31 May 2024
Early Bird Discount ends 10 May 2024 $353.50
9.00am to 9.45am Duty to Negotiate in Good Faith in Contract

 

  • Enforceability of contracts to negotiate in good faith
  • Heads of Agreement / Memorandum of Understanding
  • ADR clauses
  • Other contractual contexts
    • Implied duty to negotiate in good faith?
    • Meaning of the duty
    • Breaches of the duty and non-breaches
    • Remedies

Presented by Adam Butt, Barrister, Eight Wentworth Chambers; Winner, Lawyers Weekly, Australian Law Awards 2023, Barrister of the Year

12.30pm to 1.15pm The Effective Termination of Contracts

 

  • When is the optimal time to terminate a contract?
  • How can legal pitfalls during termination be avoided?
  • What strategies facilitate favourable exit negotiations?
  • Tips for terminating contracts internationally
  • How can a smooth transition be ensured?
  • Are there unique aspects in Australian contract law to consider?

Presented by Christopher Freeman, Barrister, Culwulla Chambers

Description

Attend and earn 4 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories

Chair

Daniel Gosewisch, General Counsel - Commercial and Legal Affairs, The WorkPac Group

9.45am to 10.30am Navigating Unfair Contract Terms: Has the 'Big Dog' in Contracts Recently Lost Its Bite?

 

  • Amendments to the Australian Consumer Law and Unfair Contract Terms regime
  • Key elements of the new legislation
  • How the new legislation is likely to affect key terms in specific contracts, such as termination for convenience clauses, time bars, broad recourse to security rights, onerous completion requirements and broad set off rights
  • Negotiation tactics from the perspective of the contractor and principal

Presented by Alex Tuhtan, Director, Shand Taylor Lawyers

10.30am to 10.45am Morning Break
10.45am to 11.30am Important Clauses in Guarantees and Indemnities

 

  • Formal requirements
  • Guarantees and indemnities distinguished
  • Co-guarantors
  • Scope of the guaranteed liabilities and all monies clauses
  • Altering the surety’s rights and contractual waiver
  • Other key clauses

Presented by Jennifer Mee, Barrister, 6 St James Hall Chambers

11.30am to 12.30pm Chasing Guarantors

 

  • Overview of the legal framework surrounding guarantors and the enforcement of guarantees
  • Mitigate risks associated with guarantees during the contract negotiation phase
  • Effectively pursuing guarantors, considering legal, financial, and negotiation aspects
  • Documentation in these pursuits

Presented by James Morgan, Special Counsel, Mahoneys; Accredited Specialist, Commercial Litigation

Presenters


Jennifer Mee, Barrister, 6 St James Hall Chambers
Jennifer Mee has a broad commercial and public law practice, with particular expertise in complex commercial, corporate, property, construction, environmental and administrative law litigation. She also has specialist expertise in energy law. Prior to commencing at the bar in 2017, she practised as a solicitor for over 20 years, over 15 of which were as a partner at national and global law firms. She brings to her role as a barrister the benefit of many years of business, commercial, legal and regulatory experience. Jennifer regularly appears in numerous Federal and State courts and tribunals, including the High Court of Australia, Federal Court of Australia, and Supreme Court of NSW.


James Morgan, Special Counsel, Mahoneys
James Morgan was admitted as a solicitor in March 2004 and has practised in Commercial Litigation and dispute resolution since December 2004. James has extensive knowledge of construction law, civil procedure in state Courts and Tribunals, insolvency law, and administrative law. James acts for body corporates, builders and building owners, trade suppliers, subcontractors, local governments, directors, franchisees, lenders, borrowers, private schools, liquidators, and bankruptcy trustees. James has been an Accredited Specialist in Commercial Litigation since 21 November 2016.


Adam Butt, Barrister, Eight Wentworth Chambers
Adam Butt is an Australian Barrister based in Sydney who specializes in international arbitration, commercial litigation and human rights law. Prior to joining the NSW Bar he practiced as a solicitor at Allens Linklaters and as a senior associate in the international arbitration team at Clayton Utz. Adam has acted on numerous international investment and commercial arbitrations with seats in Europe, Asia, Australia, North America and the Caribbean, including several matters as assistant to Hon James Spigelman AC. Adam has won major native title and Aboriginal land claim disputes across Australia. He also acts on complex commercial cases and regularly leads teams in Federal and Supreme Court, in cases both for and against the Crown. Adam has postgraduate degrees in law and politics from New York University and Cambridge where he topped several subjects and been a visiting scholar in negotiation at Harvard. He is also admitted as an attorney in New York. Previously he worked with the judges at the ICTY in The Hague, on the trial of Slobodan Milošević. Adam has published and presented in Australia and overseas on ADR, expert evidence and civil procedure, and been a board member of international ADR bodies in Australia and overseas. In 2020 and 2021, he has been a finalist in the Australian Lawyers Weekly Barrister of the Year awards.


Christopher Freeman, Barrister, Culwulla Chambers
Christopher Freeman has an equity and commercial dispute practice and has appeared in the Federal Court of Australia and the Equity Division of the Supreme Court of New South Wales for over 25 years. He has also appeared as an advocate in numerous international arbitrations at SIAC and HKIAC. He has given expert evidence on Australian contract law in Courts in Singapore, Thailand and Japan. He is an NMAS accredited mediator.


Daniel Gosewisch, General Counsel - Commercial and Legal Affairs, The WorkPac Group
Daniel Gosewisch has spent 20 years in-house working across government, resources, retail, and general corporate sectors. He holds degrees in Law and Environmental Science from Griffith University, a Master of Laws from Queensland University of Technology, and is a Fellow of the Governance Institute. He joined WorkPac as General Counsel in May 2022 and also acts as Company Secretary. Daniel advises on commercial and legal matters across the labour hire, recruitment, training and services businesses operated by WorkPac. He also publishes regularly on associated legal topics (including as editor of lawofcontract.com.au) and undertakes pro bono work privately.


Alex Tuhtan, Director, Shand Taylor Lawyers
Alex Tuhtan is a partner at Shand Taylor and leads its building and construction team. Alex specialises in preparing all types of construction contracts, preparing adjudication applications and responses, advising on licensing issues and all types of construction disputes. Alex has over 7 years’ experience in all courts and tribunals and regularly acts for developers, builders, subcontractors, construction consultants and other construction professionals. In 2020, Alex was listed as a recommended back-end construction lawyer on Doyle’s Guide and sits on the committee of the Commercial Law Association of Australia (Queensland Chapter). Alex frequently hosts presentations and workshops regarding construction law and presents externally for organisations such as the Commercial Law Association

WEB245N05

Contracts: Strategies, Risks, Clauses and Cases

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Morning Session
Friday, 31 May 2024
9.00am to 1.15pm Australia/Sydney
CPD Points 4
4
$505.00
Early Bird Discount ends 10 May 2024 $353.50
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