Gain the tools you need to enter into contracts and manage contractual relationships effectively. By developing a solid foundation in basic contract law and acquiring practical skills, you will be equipped to protect yourself and your organisasion from unnecessary risks, facilitating smoother transactions, managing contract disputes more effectively and enhanced professional decision-making.
Friday, 22 September 2023
9.45am to 10.30am Negotiating Your Contract to Limit Your Liability When Things Go Wrong
- Legal and commercial principles relevant to clauses that limit liability
- Understanding the negotiation and drafting strategies for clauses that limit liability
- Excluding your liability for specific types of loss the other party might suffer (eg consequential loss)
- Understanding common carve-outs from clauses that exclude or limit liability
Presented by Owen Hayford, Principal, Infralegal
11.30am to 12.15pm Co-Operation in Practice: How Much Do You Need to Co-operate with the Other Party to Your Contract
- What is the implied duty of co-operation?
- Unveiling the scope of the implied duty of co-operation: When and where it applies
- What does a duty of co-operation mean to you and your organisation in practice?
- Real-life examples highlighting the importance of the implied duty of co-operation
Presented by Dirk Feinauer, Director, Feinauer Commercial Lawyers
With Materials prepared by Simone Rees, Solicitor Director, Buchanan Rees Dispute Lawyers
10.30am to 11.15am Managing Your Contract Disputes: Breaches, Remedies and Liabilities
- What are damages for a breach of contract?
- What are the consequences of a breach and what are the remedies?
- What is the interaction between contractual and tortious liabilities?
- What, when, and how much? Assessing contract damages
- What is required to claim damages?
- When will a Court not enforce damages for breach of contract?
- How can I claim damages?
Presented by Dirk Feinauer, Director, Feinauer Commercial Lawyers
9.05am to 9.45am What You Need to Know About Heads of Agreements
- Examine what exactly are heads of agreement
- What are the problems and practical issues that you need to know about
Presented by Scott Alden, Partner, HWL Ebsworth Lawyers; Scott has a focus on government commercial and procurement transactions
Chair:
Richard Douglas, Barrister, Francis Burt Chambers
Description
Attend and earn 4 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories
9.00am to 9.05am Opening Comments by the Chair
11.15am to 11.30am Morning Tea
12.15pm to 1.00pm Navigating Technology Contracts
- What is the “Scope”?
- Changes to the contract and termination of technology contracts
- Intellectual property issues in technology contracts to be aware of
- Payments and disputes: what you need to know
Presented by Caitlin Whale, Partner, Baker McKenzie
1.00pm to 1.15pm Final Q&A and Closing Comments by the Chair
Presenters
Mr. Richard Douglas, Barrister, Francis Burt Chambers
Richard Douglas has been a Barrister at Francis Burt Chambers since 2006. He has been admitted as an attorney in the state of New York since 2000. Richard has been involved in significant litigation including: The Bell group; Sons of Gwalia; Burrup Fertilisers; Storm Financial; Fire Power, Anaconda; Rothwells; and the Insurance coverage dispute regarding the world trade centre in Manhattan following the events of 9/11. Richard has been a member and chair of the WA Law Reform Commission and acted in relation to a number of public enquiries. Richard continues to act in relation to complex, difficult and urgent matters in courts across Australia.
Scott Alden, Partner, HWL Ebsworth Lawyers
With over 25 years of experience, Scott specialises as a legal advisor on significant projects and procurements for government clients. Scott’s role of lead advisor to significant projects often incorporates legal and procurement expertise on the same transaction, as well as strategic probity advice. In recognition of his position as a leading government lawyer, Scott was one of the first Law Society Accredited Specialists in Government and Administrative Law, both Commonwealth and State (with a focus on government commercial and procurement transactions), and has been appointed by the Law Society of NSW as the Head Assessor for that Specialist Accreditation this year. Scott also writes and lectures two procurement courses for the Masters Programs at both College of Law and the University of Melbourne. Scott is currently on an international committee that is in the process of drafting international Modern Slavery guidelines. He is experienced in drafting and implementing key project documents including market sounding/engagement documents, industry briefings, RFTs, tender evaluation plans, tender evaluation reports, commercial
Owen Hayford, Principal, Infralegal
Owen has over 25 years experience advising on contracts, with a focus on infrastructure projects. Owen commenced his legal career at Clayton Utz, where he became a senior partner. He also led the infrastructure teams at PwC Legal and DLA Piper before graduating from the Big Firm model to establish Infralegal. Infralegal’s business model allows Owen to specialise in providing strategic legal and commercial advice without the overheads and constraints associated with the BigLaw business model. Owen has drafted and negotiated more clauses that limit or exclude liability than he cares to remember. He brings technical understanding to this topic, seasoned with commerciality.
Mr. Dirk Feinauer, Director, Feinauer Commercial Lawyers
Dirk Feinauer heads up Feinauer Commercial Lawyers, a law corporation based in Perth, Western Australia and is one of the most experienced German speaking lawyers practicing in Australia. Dirk graduated from the Australian National University, Canberra with a Bachelor of Arts and a Bachelor of Laws in 1989 and 1991 respectively. He is admitted to law practice in the Federal Court and High Court of Australia and the Supreme Courts of Western Australia and New South Wales. Dirk regularly speaks on a range of topics in Australia and across the world. He has written various articles and other publications. Dirk practices in complex corporate and commercial matters and conducts litigation in Superior and the Federal Courts including cross border disputes.
Ms. Caitlin Whale, Partner, Baker McKenzie
Caitlin Whale is a Partner in the IPTech team at Baker McKenzie. She advises on technology, data issues, cybersecurity, privacy, procurement and telecommunications issues. Her practice focusses on complex commercial transactions, particularly those which involve technology, data or cybersecurity issues. Caitlin has practised as a technology and intellectual property lawyer in both Sydney and London for over 17 years.
