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.
- 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
- 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
Attend and earn 4 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories
Daniel Gosewisch, General Counsel - Commercial and Legal Affairs, The WorkPac Group
- 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
- 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
- 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 New South Wales 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. He acts on complex commercial and human rights cases and regularly leads teams in Federal and state Supreme Courts, in cases both for and against the Crown. He has won major native title and Aboriginal land claim disputes across Australia, in addition to significant claims brought under the Racial Discrimination Act 1975 (Cth). During 2020 to 2023, Adam was a finalist each year in Australia’s Lawyers Weekly Barrister of the Year Award, including winning the Award in 2021. Adam has postgraduate degrees in law and politics from New York University and Cambridge where he placed first in several subjects, and has been a visiting scholar in negotiation at Harvard. He is also admitted as an attorney in New York. Previously, Adam worked with the judges at the ICTY in The Hague, on the trial of Slobodan Milošević, and as a permanent part time assistant to two eminent international arbitrators. Adam is a current member of the NSW Bar Association’s Human Rights Committee. He regularly publishes and presents in Australia and overseas on ADR, expert evidence, contract and civil procedure. He has been a board member of several international ADR bodies in Australia and overseas.
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