Description
Attend and earn 1 CPD hour in Substantive Law
This program is applicable to practitioners from all States & Territories
Chair
Jane Muir, Barrister, Gerard Brennan Chambers
When Things Go Wrong: Litigating Risk Management Clauses
- How drafters can avoid the pitfalls
- What are the most commonly litigated issues with respect to risk management clauses?
- In what context do those issues arise?
- How do courts approach ‘poorly’ drafted terms?
- Equitable principles v black letter law
- the concept of ‘fairness’ or ‘commercial efficacy’
- How can drafters ‘bullet proof’ their contracts and/or try to ensure enforceability/fairness
- What alternatives are there to risk management clauses that might give rise to other forms of litigation
Presented by Andrew Horne, Barrister, 6 St James Hall Chambers
Presenters
Jane Muir, Barrister, Gerard Brennan Chambers
Jane is a commercial barrister based in Brisbane. She appears in State and Federal Courts in Queensland and New South Wales, and represents clients in mediations and arbitrations. At the Bar since 2008, Jane has a broad commercial practice. Her work includes banking, building & construction (in particular, large scale infrastructure disputes), commercial contracts, consumer protection, corporate law, employment, insolvency, insurance, real property and trade practices, matters. She also does a substantial amount of opinion work. Before coming to the Bar, Jane practised for eight years as a solicitor in Sydney, London and Dublin. During that time, she worked in litigation and front end corporate, and banking, roles.
Andrew Horne, Barrister, 6 St James Hall Chambers
Andrew was called to the New South Wales bar in 2023. Andrew is also admitted as an attorney in New York and a solicitor in England & Wales and Scotland. He graduated first in his class from the University of Strathclyde in Glasgow, Scotland (LL.B. (Hons. 1st Class)) and holds a LL.M. from Harvard Law School where he was a John F. Kennedy Memorial Scholar (the UK equivalent of a Rhodes Scholar). Andrew has a particular interest in technology, data security and privacy, accounting, and cross‑border litigation. His cross-border matters include disputes arising in Australia, England & Wales, the European Union, the Cayman Islands, Brazil, Argentina, and Germany. Prior to relocating to Australia, Andrew practiced for fifteen years in the litigation department Kirkland & Ellis LLP. He was elected to partnership in 2007, becoming one of the firm’s youngest partners where he handled a wide variety of trial and appellate matters including commercial contract disputes, financial services litigations and investigations, class actions, and insolvency proceedings. His clients included numerous Fortune 500 companies such as Morgan Stanley, Verizon, AOL, and News Corp. He also had an active pro bono practice, including representing a Texas death row inmate in his post-conviction litigation, for which he was individually awarded a Thurgood Marshall Award for Death Penalty Representation by the New York Bar Association. In addition to his practice, Andrew has a keen interest in teaching. He taught trial advocacy for ten years while at Kirkland and was previously an instructor and examiner in tort and international private law at the University of Strathclyde. He has published articles on medical ethics and tort and given presentations on international competition law, securities litigation, electronic discovery, and death penalty representation. Between 2006 and 2007, Andrew was the American Bar Association’s International Civil Litigation Sub-Committee Chair.