Advanced Contract Law: Interpretation, Insolvency, and Litigation Insights

Friday, 22 March 2024
Chair

Bernard Quinn KC, List G Barristers

Contractual Protections Against Default and Insolvency

 

  • Insolvency and restructuring processes and warning signs
  • Impediments to exercising rights where there is an insolvency event
  • Practical options to consider where another party is, or at risk of being, insolvent
  • Risk minimisation strategies at various stages of a project

Presented by Sam Kingston, Partner, Maddocks

Court Approaches to Contractual Interpretation


Stay updated with the latest from the courts on contractual interpretation and gain essential drafting skills to prevent interpretation-related disputes. Together with JK Muckersie explore:

  • Principles associated with interpreting express terms
  • The admissibility of extrinsic evidence
  • Practical drafting tips to avoid issues associated with these when a dispute arises

Presented by JK Muckersie, Special Counsel, Clayton Utz

Why Just Using the Firm Template May Be Doing Your Client a Dis-Service


Be guided through a practical discussion on dispute resolution clauses analysing:

  • Common dispute resolution clauses: notices of dispute, direct negotiation, mediation, arbitration, cascading options, bespoke clauses
  • Factors to consider when drafting a dispute resolution clause: enforceability, ongoing relationship, speed of resolution, quantum of dispute, ability to negotiate, unfair contract terms, ousting the jurisdiction of the Court
  • Checklist to consider before finalising your drafting of a dispute resolution clause

Presented by Alicia Hill, Principal, Sladen Legal, Accredited Specialist in Commercial Litigation; Best Lawyers 2023, Litigation

Description

Attend and earn 2.5 CPD hours in Substantive Law
This program is applicable to practitioners from all States & Territories

* This is an interactive recording so that you can claim uncapped annual points from this type of activity

Hot topics in Contract Litigation: A look at Ambiguous Words, Penalty Clauses and Repudiation of Contracts

 

  • What to do about ambiguous wording on contracts
  • How to seek declaratory relief in the context of contractual breaches
  • What is repudiating conduct?
  • How to spot a penalty clause

Presented by Georgina Costello KC, List G Barristers

Presenters


Mr Bernard Quinn KC, Barrister,
Bernie Quinn KC practises in commercial law, public law and product liability law. He appears predominantly in superior courts at both trial and appellate levels and has extensive experience with class actions involving a wide range of subject matters and areas of law. He also has Royal Commission and coronial inquest experience. Bernie also speaks and reads Bahasa Indonesia and has advised on aspects of the Indonesian legal system and Indonesian law. He commenced his career as an associate to Justice Michael Kirby in the High Court of Australia.


Mr. JK Muckersie, Special Counsel ,
JK is an experienced adviser for clients in complex commercial disputes and regulatory investigations and proceedings. Her broad expertise covers contractual disputes, corporations law (including claims against directors), financial services regulation, competition and consumer law, property and lease disputes. Her commercial focus and pragmatic approach allows her to offer straightforward, actionable advice tailored to client needs. JK works tirelessly during litigation and investigations to ensure as little business disruption as possible when clients face litigation.


Ms Alicia Hill, Principal, Sladen Legal
Alicia Hill is an Accredited Specialist in Commercial Litigation in Victoria and Queensland, a Nationally Accredited Mediator, and a graded arbitrator with the Resolution Institute. Alicia practices as the head of the Dispute Resolution and Litigation team of Sladen Legal in Melbourne. In addition to advising and appearing for clients in general commercial litigation areas including contract, corporations and property law, she has specialty expertise in Franchising, Insolvency and Regulatory law. Alicia is a Fellow of FINSIA, a committee member of the ACCC Consultative Committee for Small Business and Franchising. a board member of the Law Institute of Victoria’s Accredited Specialists Board and has been recognised by her peers in the Best Lawyers awards for Litigation since 2016.


Georgina Costello KC, List G Barristers
Georgina Costello is a Melbourne barrister who appears and advises in cases in the areas of commercial and public law, including: commercial disputes; fraud cases; negligence claims; property law matters; migration cases and regulatory proceedings. Before coming to the Bar in 2003, Georgina was a solicitor at Mallesons Stephen Jaques (now King & Wood Mallesons) in property law. She is also admitted to the New York Bar and has worked in the United States as a litigator at New York law firm Fried Frank Harris Shriver & Jacobson LLP, and as associate counsel to a panel led by U.S. economist Paul Volcker inquiring into fraud and corruption related issues at the World Bank in Washington DC.


Sam Kingston, Partner, Maddocks
Sam specialises in insolvency and restructuring, working with clients in all aspects of external administrations, security enforcement and insolvency dispute resolution. He has acted for clients in a wide range of industries in large scale court proceedings involving complicated insolvency issues and Personal Property Securities Act 2009 (Cth) claims. Sam also has extensive experience in a diverse range of regulatory issues and investigations, including dealings with regulatory bodies like ASIC and AFCA. He has detailed experience in Royal Commissions and was previously the Principal Legal Officer of the Queensland Racing Commission of Inquiry.

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Advanced Contract Law: Interpretation, Insolvency, and Litigation Insights

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DELIVERY MODE BELOW

Single Session
CPD Points 2.5
$420.00
$420.00
On Demand 20240722 20240322

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