There's no doubt contract disputes can quickly escalate into protracted, expensive and unpleasant litigation causing long-term damage to commercial relationships and increased costs. Attend and gain a proactive approach to managing contractual disputes. Examine issues of limitation of liability, repudiation, termination and restitution. Understand the implications of contract suspensions and alternative dispute resolution. Be guided by experts with technical expertise and industry experience.
- Can my client terminate? - Things to consider before pulling the plug
- Litigation v arbitration
- Mediation – at what point?
Presented by Ronny Chen, Barrister, Frederick Jordan Chambers
- When can a contract be terminated?
- Common law and express termination rights
- Ipso facto
- What are the consequences of termination?
- Loss of bargain damages
- Entitlements on termination
- Quantum merit
- Recent judicial decisions, including Mann v Paterson (HCA)
Presented by Alex Ottaway, Special Counsel, HWL Ebsworth
Jeremy Lucas, Consultant, Etienne Lawyers
- Typical suspension clauses
- Suspension clauses in IT contracts
- When is a suspension clause an “unfair term”
- What are the limits on exercising a contractual right to suspend the provision of services?
Presented by Julian O’Sullivan, Barrister at Law, 13 Wentworth Chambers
Sydney will consider the measure of damages which is recoverable in circumstances where a person, the recipient of negligent advice, goes ahead with a transaction they otherwise would not have. This could be a mortgage insurer who relies on a negligent valuation or perhaps a developer of land who relies on negligent advice from their solicitor. Courts distinguish between two main scenarios:
- No transaction cases
- Successful transaction cases
Presented by Sydney Jacobs, Barrister, Thirteen Wentworth Selborne Chambers
- Are there limits of the freedom to limit liability
- Indemnities and limiting liability (passing on the risk)
- Recap of the nature of guarantees and indemnities
- Courts and guarantees in 2023
Presented by Steven Brown, Chairman, Etienne Lawyers; Accredited Specialist in Business Law
Attend and earn 4 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories
Presenters
Mr. Sydney Jacobs, Barrister, Thirteen Wentworth Selborne Chambers
Sydney Jacobs is a barrister at 13 Wentworth Chambers. He read for his LL.M at Cambridge and has a commercial equity practice encompassing property, partnership, corporate law and building & construction disputes. Sydney has gained expertise in easements involving both Torrens and Old System land, leasing matters, contracts for the sale of land including off-the-plan, notices to perform and to complete, rescission/ termination /specific performance /relief against forfeiture/ claiming the return of deposits, options/rights of first refusal, and strata disputes. A list of his many cases and publications is to be found on his 13 Wentworth Chambers website. Underscoring a life dedicated to the law (when he is not snowboarding), Sydney is the sole author of two major loose-leaf services, namely: Commercial Damages and Injunctions: Law and Practice, and part authors the leading loose-leaf service Commercial & International Arbitration (all published by Thomson Reuters). He has been, for many years, a popular presenter of CPD seminars.
Mr. Alex Ottaway, Special Counsel, HWL Ebsworth
Alex is a Special Counsel in the Sydney Construction and Infrastructure group of HWL Ebsworth Lawyers. He has over 12 years’ experience as a solicitor specialising in the resolution of disputes involving construction and infrastructure projects. He advises and acts for participants in diverse industries such as infrastructure, industrial plants, resources, energy, advanced manufacturing and housing. He has practised in Sydney and in London.
Mr. Jeremy Lucas, Consultant, Etienne Lawyers
Jeremy Lucas is a consultant to Etienne Lawyers and is highly experienced in all aspects of commercial law with an intimate knowledge of corporate and insolvency law. Jeremy’s experience comes from years of acting for large corporations including Procter & Gamble, Proton and Koppers Inc as well as smaller organisations including education companies and churches. Apart from a number of years in private practice with Etienne Lawyers and Colin Biggers & Paisley, and previously in Albury, he has worked for Orix Australia Limited. Jeremy has lectured in a number ofeducation programs including with the AICD.
Mr. Steven Brown, Chairman, Etienne Lawyers
Steven Brown is highly experienced lawyer with an extensive knowledge in all aspects of commercial law, with an intimate knowledge of the Corporations Law and the Australian Securities Exchange business and listing rules, being involved in corporate structuring, compliance, corporate takeovers, company floats, the preparation of prospectuses, employee share schemes and advising on directors’ duties, and insolvency and securities law and practice. Steven currently lectures: in the Masters of Banking Law Course conducted by Macquarie University; in the Master of Finance for FINSIA in the areas of securities and insolvency and contract law and law, regulation and ethics; and for the Property Investors Association of Australia in security law and practice. Steven has published a number of articles on commercial subjects. He has lectured for the Australian Institute of Company Directors from 1989-2008, lectured in the Master and Doctorate courses at UTS in corporations, finance and securities law from 1989-1995, and is currently lecturing in the College of Law Masters course in commercial drafting and business structuring.
Mr. Ronny Chen, Barrister, Frederick Jordan Chambers
Ronny Chen is a commercial barrister in Sydney. He is familiar with complex disputes involving insolvency, Corporations Legislation, and financial services dimensions. His first degree is in mathematics and has a master’s in applied finance. He focuses on resolving commercial disputes that often has a cross-border element. He was born and raised in China and often works with Chinese-speaking clients and on matters involving Chinese laws. Ronny is a Fellow of the Chartered Institute of Arbitrators and has experience in appearing in arbitration and arbitration-related Court proceedings.
Mr. Julian O’Sullivan, Barrister at Law, 13 Wentworth Chambers
Julian O'Sullivan of 13 Wentworth Chambers was admitted to practice as a solicitor in March 1996. He worked in the dispute resolution group of Mallesons Stephen Jaques. In 2001 he joined the London office of Linklaters & Alliance as a member of its Intellectual Property, IT and Communications Group. Since being called to the Bar in 2003, Mr O'Sullivan has practised in the fields of commercial and corporate, banking and insolvency, competition and trade practices, intellectual property, aviation and professional negligence.