Elevate your skills and strategies when drafting common and significant commercial documents, while effectively addressing key legal aspects. Join us at this highly anticipated seminar and navigate the complexities of IP protection, restraint of trade, and drafting settlement agreements with confidence. Gain invaluable insights and precise guidance in drafting and construction of clauses in commercial transactions that accomplishes your client or organisation’s goals while minimising risk.
Dealing with IP in Broader Commercial Documents
Presented by: Patrick Sefton, Special Counsel, MinterEllison
The Drafting and Construction of Clauses in Commercial Contracts Which Seek to Shift Liability
- Undertake a review of the recent developments in the law concerning the construction of commercial documents and, in particular, whether the “surrounding circumstances” might be invoked as an aide to construction
- Consider the import effect and application of indemnity and insurance clauses when drafting
- Discuss the construction of ‘other’ insurance clauses, entire agreement, no representation and disclaimer clauses
- Report on the proper approach to the construction of clauses which seek to curtail consequential loss
Presented by Brett Heath,In-house Advocate, Carter Newell Lawyers; Best Lawyers 2020, Alternative Dispute Resolution, 2022 Excellence Award - Australasian Law Awards
Chair:
Jennifer Sheean, Barrister-at-law, Brisbane (Meeanjin)
Restraint of Trade Clauses
- Advantages over general law
- Different types
- Consequences of unenforceability
- Severance
Presented by Morgan Clarke, Barrister, Lucinda Chambers
Drafting Settlement Agreements
- Anatomy of an agreement
- How to minimise risks
- Recent cases
Presented by Mark D Martin KC, Barrister-at-Law, Level 10 Inns of Court; Recommended Insolvency & Restructuring Senior Counsel, Doyle’s Guide 2020
Description
This program is applicable to practitioners from all States & Territories
* This interactive online recording includes questions and quizzes requiring critical thinking about the topics, so you have no annual limits to the number of points/hours you can claim with this format of learning. Please verify with your CPD rules
* Original Content created in September 2023
Attend and earn 3 CPD units in Substantive Law
Presenters
Brett Heath,In-house Advocate, Carter Newell Lawyers
Brett Heath is an inhouse advocate at Carter Newell Lawyers and has specialised in commercial and insurance litigation since 1988. Having worked inhouse for a specialist professional liability insurer, and completed the Bar Practice Course, Brett now conducts professional liability, large-scale public liability, director’s and officers’ liability, construction and employment litigation. As Carter Newell’s inhouse advocate, Brett appears in all courts and tribunals for the firm’s clients. Brett is a regular speaker on continuing professional development issues, particularly with respect to risk prevention for professionals, developments in insurance and real estate law, commercial drafting techniques and mediation and litigation strategies.
Mark D Martin KC, Barrister-at-Law, Level 10 Inns of Court
Martin KC practices in the following areas: commercial, property, insolvency, intellectual property and defamation. He was admitted as barrister in 1987 and Queen's Counsel in 2013. He is Honorary Counsel for the Queensland Reds and Wallabies. Mark is married with 4 children; boys aged 32, 31 and 27 and a girl aged 24. His interests include mountain bike riding and snow skiing.
Jennifer Sheean, Barrister-at-law, Brisbane
Jennifer was admitted in 1992 as a solicitor in the New South Wales Supreme Court and the High Court of Australia. In 1991 and 1992, she was Associate to the late Mr Justice R.P. Meagher of the New South Wales Court of Appeal. After moving back to Brisbane in 1997, she was in general practice as a solicitor before joining the College of Law as a Lecturer in 2006. Jennifer was called to the Queensland Bar in 2011. Jennifer is a member of STEP (Society of Trust and Estate Practitioners), current chair of the STEP Australia Policy and Advocacy Committee, a past member of the QLD STEP Committee, a past Board Member of STEP Australia and is the Chair of the Appeals Panel of Virginia Golf Club, Brisbane. In 2017, she undertook the Advanced Certificate in Cross Border Estates course through STEP and received a distinction. Jennifer is also a sessional member at the Queensland Civil and Administrative Tribunal (QCAT) sitting primarily in the Human Rights Division. She is a NMAS accredited mediator. She is able to provide advice, draft documents, and appear in Courts and Tribunals (excluding QCAT) and at mediations and conferences as well as conduct mediations.
Patrick Sefton, Special Counsel, MinterEllison
Patrick is a specialist technology and IP lawyer. Patrick has extensive experience advising on ICT contracts and programs, as well as the protection of innovation and brand. In his specialist areas, he has advised all levels of government, and multi-national and listed entities through to startups. Patrick values collaboration, pursuit of shared goals, commercial resolution of differences, and collective success. He keeps the big picture in his mind, although his role also includes attention to and responsibility for the details. Patricks clients value his responsiveness and commerciality. Patrick has particular interest staying current across novel applications of ICT including, most recently, commercial applications of machine learning and AI, and their associated legal issues. More broadly, Patrick is enthusiastic about the value that technology can unlock when it is appropriately planned and implemented.
Morgan Clarke, Barrister, Lucinda Chambers
Morgan Clarke practices primarily in commercial litigation and regulatory matters. He graduated from the University of Queensland in 2012 with a Bachelor of Laws and Bachelor of Commerce (Finance).
