Explore new civil penalties for, and exclusion clauses in, unfair contract terms. Gain a toolkit of tips for litigation risk avoidance in 12 risk areas when drafting mineral and petroleum exploration agreements.

Presenters

Simon Davis, Barrister, Francis Burt Chambers
Simon Davis is a barrister and arbitrator at Francis Burt Chambers. He has a general commercial, civil and construction practice and accepts arbitrator appointments in the same areas. Since joining the Bar in 2004 he has worked as counsel on a range of actions and arbitrations across several industry sectors, appearing before various different courts and tribunals both as lead counsel and as a junior. Since 2015 Simon has acted as arbitrator on several commercial arbitrations, both international and domestic. Before coming to the Bar, Simon had twelve years experience in major commercial law firms in London, Paris and Perth. In Perth from 2000 to 2004 he was at Allens Arthur Robinson, where his practice covered international and domestic commercial litigation, arbitration and alternative dispute resolution, for a range of commercial and resources clients. In London and Paris from 1993 to 2000 Simon was a disputed solicitor at Freshfields, where he gained particular experience in international arbitration, both commercial and construction/technical, acting for a variety of governmental, industrial and commercial clients in arbitrations governed by common and civil law systems. Simon is admitted to practice in Western Australia, Victoria and England and Wales. He is a Fellow and Councillor of the Chartered Institute of Arbitrators, and an Honorary Fellow in the Faculty of Law of the University of Western Australia, where he co-teaches International Commercial Arbitration.


Marshall McKenna, Partner, Gilbert + Tobin
Marshall McKenna has been a partner since 2000. He joined the partnership of Gilbert & Tobin in its Perth office on 1 June 2016. His principal focus is on commercial litigation, intellectual property, mining litigation (in both the Warden's Courts and the Supreme Court), native title, litigation, land access and planning and environmental approvals and Freedom of Information issues. He is also active in negotiating and documenting compensation, heritage and land access agreements. Marshall has extensive litigation experience including appearing as counsel in several native title and mining matters, and has also instructed in significant trust remediation matter, enforcement of confidentiality obligations, restraints of trade and employment obligations. He was the counsel for the successful party in the first determination that an act not be done under the Native Title Act 'right to negotiate' process. He has previously lectured in Mining and Petroleum Law at the University of Notre Dame and has lectured in Equity at that institution and at the University of Western Australia. Marshall is recognised by Chambers and Doyle's list as a preeminent practitioner in native title and Australia's Best Lawyers recognises him as being a leading lawyer in Litigation and Dispute Resolution; Mining Law; Native Title; Land Access and Planning.


Dr Jessica Henderson, Barrister, Murray Chambers
Jessica Henderson is a barrister at Murray Chambers and a part-time Member at the Administrative Appeals Tribunal (General and Migration/Refugee Divisions). She specialises in aviation, succession, and human rights law and has acted for commercial airlines, international insurers, government and NGOs. She is a member of the Law Society of WA Brief Editorial Committee and the Country Practitioners Committee and sits on the board of several NFP organisations. She holds a doctorate in American constitutional history and has been awarded the Richard Kiwanuka prize for International Humanitarian Law. Her three children are responsible for fine tuning her negotiation and mediation skills.