Contract Law Conference

Gain the requisite strategies & tools needed to navigate the many legal & commercial realities facing your practice. Obtain guidance on the latest cases, good faith requirements, terminating contracts and effective management of IP. Improve on your ability to deal with indemnity & liability exclusion clauses, damages and arbitration clauses. Develop strategies to meet your legal & commercial contracting goals in 2023.

Tuesday, 28 March 2023
Session 1: Latest Cases, Clauses and Contracting Conundrums

Chair: William Khong, Partner, Holding Redlich

Session 2: Managing Your Contracts When Things Don’t Go As Planned

Chair: Peter Fary SC, Lonsdale Chambers

3.00pm to 4.00pm Contract Disputes and Arbitration Clauses
  • Arbitrate or litigate?
  • Arbitration agreement
  • Arbitration tips and tricks

Presented by Robert Heath KC, Castan Chambers

9.00am to 10.00am Contracts: The Latest and Greatest

A review and analysis of significant contract decisions during the last 12 months that will affect your legal practice
Presented by Karen Le Faucheur, Barrister, Nationally Accredited Mediator, Castan Chambers

10.00am to 11.00am Good Faith Arising in Commercial Contracts
  • Is there a general implication of good faith into a contract?
  • Can good faith arise from the construction of the terms of a contract?

Presented by David Carlile, Barrister, Lennon’s List Barristers

4.15pm to 5.15pm Contract Termination
  • What are the differences between express rights and general right?
  • How do you give effective notice?
  • What if the termination is not justified?
  • Losing the right to terminate: the importance of election and delay
  • What are the consequences of termination?
  • Some practical tips for effective exercise of termination rights

Presented by Mary Nemeth, Managing Director, Principal, Indigo Associates

2.00pm to 3.00pm Damages: Expectations and Inconveniences
  • Expectation or reliance loss 
  • Inconvenience damages
  • Calculating future economic loss: Where do you draw the line?
  • What categories of loss are recoverable, or are not recoverable?
  • Recent case studies regarding damages

Presented by Nicholas Andreou, Barrister, Accredited Mediator, Chapman’s List

12.15pm to 1.15pm Managing IP in the Contracting Process
  • How to avoid under-protecting your IP or losing it forever
  • The potentially tangled web of IP joint ownership
  •  What you can and cannot do with another party’s IP
  • Example IP clauses: what works, what doesn’t

Presented by Dr Gordon Hughes AM, Principal, Davies Collison Cave

11.15am to 12.15pm Indemnities, Liability Exclusion Clauses and ‘Carve Outs’
  • Indemnities: advantages and evils
  • Statutory limits on indemnities: proportionate liability and unfair contract terms
  • Interplay between contractual indemnities and insurance
  • Liability exclusion clauses
  • Insurance ‘carve out’ of liability exclusion clauses: what works and what doesn’t

Presented by Leighton Moon, Partner, HWL Ebsworth Lawyers

Description

Attend and earn 7 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories

11.00am to 11.15am Break
4.00pm to 4.15pm Break

Presenters


David Carlile, Barrister, Lennon’s List Barristers
David appears predominantly in property and commercial disputes. He also appears in wills and probate matters. He has appeared in trial, interlocutory and appellate proceedings in the Victoria New South Wales. He has also appeared in Western Australia and Queensland Supreme Court matters. He has appeared and advised in matters involving breach of contract, sale of goods, sale of livestock, sale of business involving breach of contract, misleading and deceptive conduct, unconscionable conduct, mistake, duress, fraud, estoppel, and negligence including professional negligence. He also advises and appears in relation to breach of director duties, shareholder disputes and winding up of corporations. He has been involved in many matters involving constructive or resulting trusts. He has appeared in farm and farm related matters. He has experience in joint venture disputes particularly in the area of property development. He has appeared in a number of Commercial Arbitrations, is a member of the Commercial Bar Association and also speak Japanese.


William Khong, Partner, Holding Redlich
William Khong is a Partner at Holding Redlich. He was admitted as a solicitor in Malaysia where he gained experience in intellectual property (from registration and commercialization to enforcement) and commercial litigation. He has subsequently, while practicing in Australia, gained further experience in commercial and taxation law matters. William has particular experience in advising in relation to business structuring or restructuring, mergers and acquisitions, public and private capital raisings, corporate affairs including capital reductions, share buy-backs, financial assistance, corporate governance and related party transactions, and matters relating to the law of trusts, personal property securities, stamp duty and carbon tax. William has worked with a wide range of clients including small businesses, substantial private companies and listed companies.


Karen Le Faucheur, Barrister, Nationally Accredited Mediator, Castan Chambers
Karen was admitted to the legal profession in March 2004 and signed the Bar Roll on 19 May 2011. She has a broad commercial practice with expertise in infrastructure construction disputes, equity and trusts, property, torts, trade practices and deceased estates. She has an interest in the law concerning consumer protection and the regulation of corporate conduct, specifically as it pertains to environmental, social and governance issues. Karen is also a mediator (NMAS accredited). Before coming to the Bar, Karen was a solicitor at Mallesons Stephen Jaques (now King & Wood Mallesons) and prior to that, Russell Kennedy. At Mallesons, Karen worked on general commercial litigation matters including large and complex infrastructure construction and contract disputes. Karen also advised companies in the mining, banking, gas supply, telecommunications and financial services industries on emissions trading and greenhouse gas and energy reporting. At Russell Kennedy, Karen worked on a variety of matters, including banking and finance, contract disputes, coronial, defamation, sports doping disputes, torts and misleading and deceptive conduct matters.


Leighton Moon, Partner, HWL Ebsworth Lawyers
Leighton Moon is a Partner in HWL Ebsworth’s Construction and Infrastructure Department in Melbourne. Leighton has over with over 18 years’ experience in construction and projects specialising in both contentious and non-contentious matters. Leighton has advised all types of project participants on procurement strategies, negotiation, project documentation, project delivery, claims management, and dispute resolution. His clients include international blue-chip organisations in the energy, property development and infrastructure industries. Leighton received a Commendation General Division in the 2016 Brooking Prize from the Society of Construction Law Australia. In 2015 Doyle's Guide featured Leighton as a Rising Star in Construction Law and in 2019 Doyle's Guide recommended Leighton as a Leading Construction & Infrastructure Litigation Lawyer


Dr Gordon Hughes AM, Principal, Davies Collison Cave
Dr Hughes is a principal lawyer in the firm’s Litigation and Commercialisation practice. Prior to joining the firm in 2016, he was a partner at Ashurst (formerly Blake Dawson). He is an acknowledged expert in the area of intellectual property commercialisation, information technology law, eCommerce, and data protection. Dr Hughes is a former president of the Law Institute of Victoria, the Law Council of Australia and LAWASIA, a former chair of the Law Council’s International Law Section, and current chair of LAWASIA’s Business Law Section and of the South Pacific Lawyers’ Association. He is a qualified arbitrator and a former part-time member of the Commonwealth Administrative Appeals Tribunal. Dr Hughes has authored, co-authored and/or edited nine legal texts, including ‘Data Protection in Australia’, ‘Computer Contracts: Principles and Precedents’, and ‘Trade Secrets and Privacy.’ He has received numerous awards in recognition of his achievements, including the Lifetime Achievement Award at the Australian Law Awards in 2004 and various honorary life memberships of Australian and international professional associations. He was elected a Fellow of the Australian Academy of Law in 2011. In 2017, Dr Hughes was awarded an Order of Australia “for significant service to the law, to professional organisations and to international affairs and legal practice in the Asia-Pacific region”.


Peter Fary SC, Lonsdale Chambers
Peter Fary was admitted to practice in 1994 and signed the Bar Roll in 2001.Since signing the Bar Roll, Peter has practiced in insolvency and general commercial litigation. He appears regularly in appeals, trials and interlocutory proceedings in the Federal and Supreme Courts as well as other courts and tribunals. His clients include trustees in bankruptcy, company liquidators, administrators and receivers, companies and directors. Peter is also an experienced mediator having conducted over 500 mediations. Prior to signing the Bar Roll, Peter was a Deputy District Registrar of the Federal Court of Australia and a Registrar of the Federal Magistrates Court of Australia. In those capacities, Peter heard numerous bankruptcy and other applications. Before that Peter was an Associate with Gadens Lawyers (formerly J.M. Smith & Emmerton), where he worked from 1993 to 1998. Peter is a co-author of Bankruptcy Law and Practice (Butterworths) and a former co-author of the High Court and Federal Court Practice and Procedure (Butterworths) chapter on Bankruptcy.


Robert Heath KC, Castan Chambers
Robert has more than 23 years’ experience in legal practice. He is recognised for his oral advocacy and paperwork, as well as for his client skills, versatility and commerciality. He is an experienced advocate in all types of applications, trials and appeals. He has a wide-ranging practice with particular expertise in arbitrations, class actions, infrastructure disputes, civil/commercial fraud, equity and trusts, and professional negligence. His recent cases include (i) acting for Fonterra Australia in a substantial class action and (ii) acting for Hydro Tasmania in an action relating to the failure of the Basslink sub-sea electricity cable. Robert has had involvement in arbitrations under the UNCITRAL, Australian Centre for International Arbitration (ACICA) and SIAC Rules. Recently, he has acted as the sole arbitrator in an arbitration under the ACICA Rules (between joint venture partners working on the Melbourne Metro Rail Project), and he has acted as sole arbitrator in an ad hoc arbitration (between local government bodies in relation to land remediation disputes). Robert is a Fellow of ACICA and a member of the Reserve Panel of Arbitrators at the Singapore International Arbitration Centre.


Nicholas Andreou, Barrister, Accredited Mediator, Chapman’s List
Nicholas practises primarily in commercial, construction, corporations and defamation law. Nicholas is a Nationally Accredited Mediator. Prior to signing the Bar roll, Nicholas provided advice to the United Nations Office of Internal Oversight Services (OIOS) and the United Nations Commission on International Trade Law (UNCITRAL) in Vienna.


Mary Nemeth, Managing Director, Principal, Indigo Associates
Mary Nemeth is the Managing Director and Principal of Indigo Associates. Indigo is a new Melbourne based law practice specialising in banking and finance, commercial law, insolvency and commercial litigation as well as ESG. Indigo Associates integrates law services with a consulting practice approach. Mary has been practising for over 20 years. She has developed an extensive practice in the areas of financial services, commercial litigation and insolvency, enabling her clients to navigate a vast array of complex legal and regulatory matters. She enjoys a varied client base across the financial services sector, property and manufacturing industry having acted for a number of publically listed companies, major banks, finance companies, manufacturers, private companies, high net worth individuals, family groups and SMEs. Having commenced her career as Corporate Counsel within one of Australia’s big four banks, she has been able to develop an understanding of the commercial drivers and imperatives of her clients. This coupled with over 15 years’ experience as a principal or partner, Mary has developed a reputation that speaks for itself which has allowed her to form long term relationships with clients who seek a partner who is continually driven to preserve and secure their interests.

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Contract Law Conference

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All Sessions
Tuesday, 28 March 2023
9.00am to 5.15pm Australia/Sydney
CPD Points 7
7
$795.00
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Morning Session
Tuesday, 28 March 2023
9.00am to 1.15pm Australia/Sydney
CPD Points 4
4
$505.00
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Afternoon Session
Tuesday, 28 March 2023
2.00pm to 5.15pm Australia/Sydney
CPD Points 3
3
$420.00
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