Led by esteemed experts Dirk Feinauer and Richard Douglas, with David Vilensky facilitating, this masterclass simplifies complex concepts into three main parts for you: how to think about a contract, what happens when you have a disagreement about your agreement, and strategies for challenging negotiations. Get contracts right. Join us for a special chance to learn from experts and provide the most up-to-date results for your clients. 243W15
Thursday, 21 March 2024
Professional Skills
2.00pm to 3.00pm Part 1: How to Think About a Contract
- Words: Is less really more?
- Creating a rule book for future events and the uncertainties that lie ahead.
o Bespoke v Off-the-shelf v Artificial intelligence-Are lawyers redundant and do they add anything?
o Understanding the entire bargain and recording it
o Recitals – Do they mean anything? Do they need to be true and correct?
o Operative clauses – What are they?
o Termination – Understanding the consequences.
o Legal overreaches – Warranties, Indemnity clauses, Exclusion clauses and Damages clauses
o Definitions and substance
o Drafting style
o Dealing with Power Imbalances
Presented by Dirk Feinauer, Director, Feinauer Commercial Lawyers
3.00pm to 4.00pm Part 2: What Happens When You Have a Disagreement About Your Agreement
- Agreeing words v agreeing substance: What your words actually mean
- Court v Arbitration
- Bodies of law that operate beyond and alongside contract
- How a dispute actually gets resolved in a Court or by arbitration
Presented by Richard Douglas, Barrister, Francis Burt Chambers
Professional Skills
4.15pm to 5.15pm Part 3: Approaches for Navigating Difficult Scenarios in Negotiations
- Simple v complex
- Preparing for future breaches: insurance, indemnification, limitation and liability strategies
- How to avoid ending up in a contractual court dispute
- Negotiating to avoid damages for contract breaches and consequential loss exclusions
Presented by Richard Douglas, Barrister, Francis Burt Chambers and Dirk Feinauer, Director, Feinauer Commercial Lawyers
Chair:
David Vilensky, Managing Partner, Bowen Buchbinder Vilensky Lawyers
Description
Attend and earn 3 CPD units including:
1 unit in Substantive Law
2 units in Professional Skills
4.00pm to 4.15pm Afternoon Tea
Presenters
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.
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.
