|Start time||29 Sep 2020 9:00am (Australia - Melbourne)|
|End time||29 Sep 2020 12:30pm (Australia - Melbourne)|
|Location||Live Stream Only|
|Speaker||See full program for details|
|Designed for||Legal practitioners|
Substantive Law: 3.0
Contract Law 3 Point Intensive
Implied Duty of Co-operation - How Far Does It Go?
Whilst it is accepted that, along with an implied duty of good faith, all contracts impose a duty of co-operation on the parties, traditionally there has been little guidance on just how far that duty goes.
This session will provide an update on the current state of play, including a case update on the implied duty to co-operate and what it means for practitioners drafting and interpreting contracts
Presented by: Anna O’Callaghan, Barrister, Victorian Bar
Emma Poole, Barrister, Victorian Bar
Dealing With Default - Options for Addressing Non-Performance
When a contractual arrangement goes wrong as a result of one party's failure to properly perform its obligations, the initial response of many clients - and legal practitioners - is to threaten and / or commence an action for damages. This course of action is costly and time-consuming and usually results in the end of the working relationship between the parties.
With a range of additional or alternative remedies often available however, it is worth considering the other options that may exist for dealing with inadequate performance.
This session will look at some of those alternative options, such as step-in rights, the use of guarantees and the right to stop or withhold payments, both at the contract drafting stage and also when a problem arises under an existing contract.
Presented by: Laura Young, Partner, HWL Ebsworth
Agreeing to Agree - When Letter of Intent or Heads of Agreement Become Binding
Despite a common misconception that you can’t have an agreement to agree, in a number of significant decisions the courts have found that “in principle” or heads of agreement expressed to be “subject to contract” may sometimes be enforceable.
This session will examine the circumstances where this can occur inadvertently, as well as appropriate mechanisms to minimise dispute where the parties do intend for their preliminary agreement to be binding. It will also consider the risks of negotiations surrounding the initial agreement being deemed misleading and deceptive conduct.
Presented by: William Khong, Partner, Holding Redlich