Contract Law Conference: Advanced Drafting and Risk Allocation

Step into the future of contract law at our Annual Contract Law Conference! We invite you to elevate your skills in precise contract drafting under the guidance of Australia's top contract law experts. Explore innovative techniques for liability management, IP protection, and risk reduction. Delve into the importance of insurance, efficient cybersecurity practices, and approaches to prevent conflicts. You'll explore game-changing strategies to simplify your contracting life, elevate your practice, and be equipped with vital knowledge for achieving success in contract challenges for your clients. 243N28

Friday, 15 March 2024
9.00am to 1.15pm Session 1: Contracting Life Made Easier: Drafting Techniques and Practice Points

Chair: Wai Kaey Soon, Barrister, Frederick Jordan Chambers

9.00am to 9.45am Using Contracts to Cap and Avoid Liability for Uncommercial Risks
  • Why capping or excluding liability can be a reasonable thing to do
  • Why your contract counterparty might accept a liability cap
  • How to use contracts to cap or exclude liability: legal do’s and don’ts
  • Negotiating exclusion and limitation clauses

Presented by Owen Hayford, Principal, Infralegal, Leading Front End Construction, Infrastructure & Major Projects Lawyers, Doyles’s Guide 2023

10.45am to 11.30am Crucial IP and Confidentiality Provisions to Incorporate in Your Agreements
  • What do you mean by IP, and what are the rules of ownership at law?
  • What warranties are recommended?
  • What to look for when reviewing a confidentiality clause?

Presented by Dianne Beer, Special Counsel, Thomson Greer

11.30am to 12.30pm Time's up! Drafting Termination Clauses

The ability to draft effective termination clauses is a crucially important tool for commercial lawyers to possess. The key drafting techniques and practice points – which apply in all areas of front-end commercial legal practice – have been scrutinised by the High Court and provide practitioners with useful guidance on drafting effective termination clauses. This session covers:

  • Lessons from the High Court in Shevill v Builders Licensing Board and Gumland v Duffy Bros on:
  • the way termination clauses are drafted
  • the types of drafting that are and are not effective
  • The conceptual foundation that a contract-drafter must have to ensure that the effect of a proposed termination clause is understood
  • How to ascertain whether the clause will have the intended effect
  • The ipso facto moratorium, the doctrine of good faith and unfair contract terms legislation - drafting techniques and practice points

Presented by Alex Ottaway, Special Counsel, HWL Ebsworth

2.45pm to 3.30pm How Can Unfair Contract Terms Risk Be Addressed? Changes to the Contract Law and Latest Developments in Regulatory Action
  • New regime versus old regime: A recap on where we are and what is different under the new regime: What does the increased reach of the new regime mean for you?

Presented by Ayman Guirguis, Partner, K&L Gates; Best Lawyers 2024, Competition Law

2.00pm to 2.45pm Getting Contracts to Perform So as Not to Have a Dispute

Presented by Steven Brown, Chairman, Etienne Lawyers; Accredited Specialist in Business Law

4.30pm to 5.15pm Waiver: Giving an Inch or Taking a Mile?
  • Waiver distinguished from variation, election and estoppel
  • Types of waiver and recent cases on waiver
  • Non-waiver clauses

Presented by Robert Carey, Barrister, 7 Wentworth Selborne

12.30pm to 1.15pm Drafting to Manage Insolvency Risks
  • Key insolvency concepts to keep in mind
  • Key contracting risks
  • Drafting to manage risk and improve recoverability

Presented by Steven Brown, Chairman, Etienne Lawyers; Accredited Specialist in Business Law
Prepared by Julian O’Sullivan, Barrister, 13 Wentworth Chambers

2.00pm to 5.15pm Session 2: Allocation of Risks and Tactics for Conflict Prevention in Contracts

Chair: Amanda Comelli, Partner, Brown Wright Stein Lawyers

9.45am to 10.30am Cyber Risk Allocation in Contracts
  • What are likely cyber risks?
  • Cyber security governance
  • Moving from insurance to assurance
  • Contracts where cyber risk should be considered
  • Cyber risk minimisation
  • Supply chain management
  • Misuse of standard clauses and audit checklists
  • Understanding standards – ISO27001, Essential Eight, CSCAU, NIST
  • Dealing with the international nature of third party risks and liability

Presented by Professor John Swinson, BA LLB LLM, The University of Queensland; Leading Intellectual Property Lawyer, Doyle's Guide 2023, Best Lawyers 2023, Technology, Media & Telecommunications, Best Lawyers 2023, Commercial Law; Best Lawyers 2023, Information Technology Law; Best Lawyers 2023, Intellectual Property Law; Best Lawyers 2023, Privacy and Data Security Law.

3.45pm to 4.30pm Indemnities and Insurance in Contracts: Hints and Tips
  • Contractual devices to avoid or minimise liability
  • Effective indemnity clauses
  • Key insurance provisions, duty of disclosure and notification of claims
  • Interaction between insurance and indemnities

Presented by Raymond Giblett, Partner, Norton Rose Fulbright Australia and Tim Chan ANZIIF CIP, Senior Associate, Norton Rose Fulbright Australia, Rising Star Insurance, Legal 500 Asia Pacific 2022, 2023

Description

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

10.30am to 10.45am Morning Tea
3.30pm to 3.45pm Afternoon Tea

Presenters


Mr. Raymond Giblett, Partner, Norton Rose Fulbright Australia
Ray Giblett is a partner in Norton Rose Fulbright’s Sydney office and an insurance lawyer with over 25 years' experience. Ray is recognised as one of Australia's leading insurance lawyers in Chambers Asia Pacific, Legal 500, Best Lawyers (2013 Sydney Insurance Lawyer of the Year) and Euromoney's guide to the World's Leading Insurance and Reinsurance Lawyers. He is known for both his expertise and commerciality. Ray has extensive experience in both non-contentious and contentious insurance matters, advising across the full spectrum of insurance issues, Ray is the Chair (Asia Pacific) of the AIDA Financial Lines & Cyber Working Party and the Editor of the Insurance Law Journal. Ray is also a member of the Australian Insurance Law Association (committee member), Australian Professional Indemnity Group and the Reinsurance Discussion Group.


Mr. Timothy Chan, Senior Associate,
Tim Chan is a corporate risk and insurance lawyer based in Sydney. He works with corporates, banks, insurers and new ventures on risk allocation and insurance issues, including for major infrastructure projects. He regularly advises companies and boards on the adequacy of their insurance cover, insurance provisions in contracts and the development of new insurance products. Tim regularly acts for policyholders and insurers in relation to large scale or complex insurance claims. Tim is a recommended lawyer for insurance in The Legal 500 Asia Pacific (Rising Star) and is an ANZIIF certified insurance professional.


Ms. Dianne Beer, Special Counsel,
Dianne Beer is a highly experienced lawyer with a practice that covers intellectual property advice and commercialisation, trade mark advice and litigation, technology procurement and deployment, data, privacy, copyright, AI and agreements concerning intellectual property rights. Her diverse client base includes governments, international and Australian businesses in a range of industries including entertainment, education, technology, healthcare, consumer goods and not for profit organisations. She is a Past President of the Licensing Executives' Society for Australia and New Zealand, which is the peak professional body for experts in licensing Technology and intellectual property.


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. Alex Ottaway, Special Counsel,
Alex Ottaway, Special Counsel, HWL Ebsworth Lawyers Alex is a Special Counsel with HWL Ebsworth Lawyers, specialising in construction and infrastructure disputes. He has over 13 years’ post-admission experience specialising in the resolution of disputes involving construction and infrastructure projects. He advises and acts for participants in diverse sectors such as rail, roads, ports, industrial plants, resources, energy, advanced manufacturing and housing. He has practised in Sydney and in London.


Mr. Ayman Guirguis, Partner,
Ayman Guirguis heads up the Competition and Consumer Law team at K&L Gates in Australia. He advises on all aspects and issues of competition including the implications of mergers, joint ventures and supply chain issues; defending clients alleged to be parties to cartels or other anticompetitive arrangements; and consumer law issues including responding to ACCC investigations and defending prosecutions commenced by the ACCC. Ayman was formerly a senior officer of the ACCC. Ayman is named as a leading individual for Competition/Antitrust in Chambers Global and Best Lawyers.


Mr. John Swinson, Professor - School of Law, The University of Queensland
John Swinson's principal interests are intellectual property law, Internet law, privacy law, cybersecurity law and the application of law to new technologies. John commenced as a part-time professor at the T.C. Beirne School of Law in November 2017. John graduated from the T.C. Beirne School of Law in 1998 with a University Medal. He also has a Bachelor of Arts majoring in computer science from The University of Queensland and a Master of Laws from Harvard Law School where he studied as a Fulbright Fellow and a Frank Knox Scholar. From 1999 until 2017, John was an adjunct professor at QUT. John was a partner at the law firm King & Wood Mallesons from 1999 to 2021. He was also Chairman of the auDA Policy Review Panel, which made recommendations to the auDA Board to revise Australia's domain name policies in 2019. Since 2000, John has been an arbitrator for the World Intellectual Property Organisation (WIPO) in Geneva, and has decided over 350 disputes regarding the ownership of domain names.


Mr. Owen Hayford, Principal,
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. Robert Carey, Barrister,
Robert came to the bar in 2011. Prior to that he practiced as a solicitor, both in Australia and in England. Robert has a broad commercial practice. He has extensive experience in advising and appearing for insured and insurer clients, as well as a range of intermediaries, in relation to disputes concerning all classes of insurance including professional indemnity, financial lines, directors and officers’ liability, general liability, property and business interruption, and reinsurance. He also regularly appears and advises clients in relation to disputes involving all areas of equity, real property, corporations law, banking, bankruptcy and insolvency, as well as general contractual disputes and building and construction matters. Robert’s clients have included Underwriters at Lloyd’s and various other London based insurers, QBE, XL Catlin, Allianz, Zurich, Chubb, Marsh, InterRisk Australia, Leighton Holdings and ALDI Foods. Robert also regularly appears before administrative tribunals including the Administrative Appeals Tribunal and the New South Wales Civil & Administrative Tribunal and has appeared in arbitrations conducted under the rules of various local and international arbitration organisations.


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 Wai Kaey Soon, Barrister, Frederick Jordan Chambers
Wai Kaey was admitted as a solicitor in 2010 and called to the Bar in 2014. His practice encompasses advising and appearing in contract and commercial disputes, insolvency and bankruptcy, complex corporations litigation and insurance law disputes. Wai Kaey has represented individuals, banks, insurance companies and multi-national corporations in a broad range of jurisdictions across Australia, including in New South Wales, Western Australia and Victoria. Prior to being called to the Bar, Wai Kaey gained experience at several large law firms and governmental statutory bodies, including Clayton Utz, Baker & McKenzie and the Australian Securities and Investments Commission (ASIC). He holds a Bachelor of Laws and a Bachelor of Science (Information Technology) degree from the University of Technology, Sydney, and a Master of Laws from the University of Sydney.

243N28

Contract Law Conference: Advanced Drafting and Risk Allocation

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All Sessions
Friday, 15 March 2024
9.00am to 5.15pm Australia/Sydney
CPD Points 7
$795.00
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Morning Session
Friday, 15 March 2024
9.00am to 1.15pm Australia/Sydney
CPD Points 4
$505.00
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Afternoon Session
Friday, 15 March 2024
2.00pm to 5.15pm Australia/Sydney
CPD Points 3
$420.00
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Venue
Cliftons - Margaret St, Level 13

Level 13, 60 Margaret Street, Sydney

Directions

Closest Train Stations: Wynyard (100m) and Martin Place (700m)

Closest Bus Interchange: Clarence Street (170m)

Ferries: Circular Quay (1.2km)

Parking Information

Parking not included with registration. Possible options:

Met Centre, Jamison St -  Click here for rates

Amora Hotel - Click here for rates

Secure Park 20 Bond St - Click here for rates