Contract Disputes & Damages Fundamentals

Expand your toolkit to expertly deal with tricky issues related to contractual disputes & damages. Delve into the practicalities of contractual breach and how to accurately measure your loss. Master how to navigate contract termination and its subsequent consequences. Cultivate the best tactics to employ when evaluating damages. Hone your strategies and perfect your skills to meet your legal & commercial contracting goals.

Tuesday, 14 March 2023
4.15pm to 5.15pm Terminating the Contract
  • What are the differences between express rights and general right?
  • Losing the right to terminate: the importance of election and delay
  • What are the consequences of termination?
  • Claiming damages after termination
  • Some practical tips for effective exercise of termination rights

Presented by Thomas Jacobs, Partner, Jackson McDonald

3.00pm to 4.00pm Dispute Resolution Processes in Contract: What, Why and How Much?

Examine four different dispute resolution processes that parties can incorporate into contract, including a breakdown of the advantages and disadvantages of each process in a contract dispute context and why they might be attractive for parties.

  • Expert Determination
  • Arbitration
  • Mediation
  • Litigation

Presented by Peter Yeldham, Partner and Karmen Gallegos, Senior Associate, King & Wood Mallesons

2.00pm to 3.00pm There’s Been a Breach: What is my Client’s Loss?
  • What is the measure of loss? Categories of recoverable losses
  • Calculating loss
  • Pleading, recovery and strategic considerations
  • Practical issues and problems

Presented by Richard Douglas, Barrister, Francis Burt Chambers

Chair:

Mike Hales, Office Managing Partner, Perth, MinterEllison

Description

Attend and earn 3 CPD points including:
2 points in Competency Area 2: Professional Skills
1 point in Competency Area 4: Substantive Law 

This program is applicable to practitioners from all States & Territories

4.00pm to 4.15pm Break

Presenters


Mike Hales, Office Managing Partner, Perth, MinterEllison
Mike is an internationally recognised commercial litigator with nearly 25 years experience. He advises on a broad range of commercial disputes, with a particular focus on international and multi-jurisdictional cases. His experience includes advising on banking, corporate, e-commerce (including internet gaming), tax, regulatory and fraud disputes. Michael is also a specialist in obtaining emergency injunctive relief, such as asset-, freezing orders, and has acted as a supervising solicitor on search orders. He undertakes defamation, media and sports work, including television and internet rights. He is also regularly involved in international arbitrations. Mike is admitted to practice in Australia, England & Wales and the British Virgin Islands. He is also a fully accredited mediator. Mike is a former co-, chair of the International Bar Association's Litigation Committee. He is a regular speaker or session chair at IBA events. He is listed in the Who's Who of International Litigation.


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.


Karmen Gallegos, Senior Associate, King & Wood Mallesons
Karmen Gallegos, Senior Associate, King & Wood Mallesons Karmen is a Senior Associate in the Dispute Resolution Group in the Sydney office of King & Wood Mallesons. Karmen regularly acts in a range of commercial disputes in the Supreme and Federal Courts, particularly those involving the building and construction and energy and resources industries. Karmen also has a vast array of experience in domestic arbitration, as well as construction specific disputes regarding the security of payment regime and contractual dispute mechanisms, including expert determination. Karmen deals with various issues including delay and disruption, extensions of time, defect rectification, as well as assisting with day to day administration of live projects for various clients.


Peter Yeldham, Partner, King & Wood Mallesons
Peter Yeldham is a Partner in the Dispute Resolution group in the Sydney office of King & Wood Mallesons, with expertise in insurance advice and disputes, and general commercial litigation. In his insurance practice, Peter provides policy response advice in relation to Professional Indemnity, Directors & Officers insurance, cyber insurance, Contract Works insurance, and Industrial Special Risks policies. Peter assists clients prepare notifications and formal claim submissions and is often called upon by the banking and finance, mergers & acquisitions and real estate practice groups to provide bespoke advice and views on policy wording, potential claims coverage, or insurance obligations in large contracts (including infrastructure projects). Peter is highly regarded as an expert in complex insurance litigation, but he is also experienced in general commercial litigation and dispute resolution having acted for a number of clients in the private equity, banking, real estate, and resources sectors. Praised by his clients for his disciplined approach to meeting their commercial objectives and delivering value, Peter is noted as having exceptional project management skills, providing ‘succinct’ advice and making complex issues simple to understand.


Thomas Jacobs, Partner, Jackson McDonald
Tom has almost 30 years’ experience advising clients active in the building, construction and engineering industries, with expertise advising on the establishment, procurement and documentation of major Australian and UK commercial and infrastructure projects, and in the management and resolution of complex construction and engineering disputes. He has extensive experience of all forms of dispute resolution, particularly adjudication. He has been recognised as a leading West Australian Construction and Engineering lawyer by Best Lawyers in Australia for the last 3 years. His current practice involves advising principals, contractors, sub-contractors and consultants, active in the State’s key industries of energy and mining, as well as assisting developers, “not for profit” organisations and Local Government clients engaged in construction, infrastructure and engineering projects. He regularly asked to deliver training and associated support to clients, as well as industry organisations active in Perth, including the MBA, CCF and RICS.

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Contract Disputes & Damages Fundamentals

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DELIVERY MODE BELOW

Single Session
Tuesday, 14 March 2023
2.00pm to 5.15pm
CPD Points 3
3
$420.00
Face to Face 20240518 20230314

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Online 20240518 20230314

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On Demand 20240518 20230314

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Venue
Parmelia Hilton

Level 1, Meeting Room, 14 Mill Street, Perth

Directions

Nearby Public Transport:
Train Stations - The Esplanade Station
Bus Interchange - St Georges Terrace Cloisters Green

Parking Information

Parking is not included in you registration. Here are some options below:

Parmelia Hilton - Valet Parking only - Click here to view rates 
Convention Centre - 100 metres from Parmelia Hilton.  Click here to view rates