Contract Law Intensive
Start time 18 Aug 2021 9:00am (Australia - Melbourne)
End time 18 Aug 2021 12:30pm (Australia - Melbourne)
Location Live Stream Only
Speaker See full program details
Catering Not included
Designed for Legal practitioners
Product Code I21022
Total CPD Points: 3.0

Professional Skills: 1.0
Substantive Law: 2.0
(includes GST)

Contract Law Intensive

18 Aug 2021 9:00am - 18 Aug 2021 12:30pm (Australia - Melbourne)
Live Stream Only

Contract Interpretation and ‘Other Evidence’

This session will, by reference to significant and recent cases, discuss interpretation of contracts including the admissibility of evidence as an aid to interpretation and construction. This session will discuss:

  • Ambiguity
  • Implied terms
  • Parties Intention(s)
  • Inconsistencies
  • Termination

By reference to cases including:

  • Poorly Drafted Contract, ‘reasonable business person’ test: Amcor Limited v Barnes [2021] VSCA 6
  • Prevention principle:  Bensons Property Group Pty Ltd v Key Infrastructure Australia Pty Ltd & Ors [2021] VSCA 69 
  • Contract formation and validity: Trentelman v The Owners – Strata Plan 76700 The Owners – Strata Plan 76700 v Trentelman [2021] NSWSC 155 (26 February 2021).

Presented by: Hugo de Kock, Barrister, Victorian Bar

Implied Duty of Co-Operation – How Far?

Whilst it is accepted that, along with an implied duty of good faith, all contracts impose a duty of co-operation on the parties, there has been little guidance on how far that duty extends.

This session, by reference to recent and notable cases, will cover:

  • Implied duty of cooperation
  • Implied terms
  • Practical application
    • Breach
    • Limitations

  • Drafting tips 

Presented by: Anna O'Callaghan, Barrister, Victorian Bar

Boiler Plate Clauses and Risks of Relying on Templates

Boiler plate clauses are commonly included in contracts, particularly office precedents and templates, to minimise drafting from scratch. However, to rely on boiler plate clauses and template contracts without consideration of their applicability, can result in errors. This session will discuss;

  • Common boiler plate clauses
  • Risks of not carefully checking arbitration provisions in online contracts involving foreign entities
    • Dialogue Consulting Pty Ltd v Instagram, Inc [2020] FCA 1846
  • When to amend:
    • Confidentiality
    • Force majeure
    • Termination
    • Jurisdiction
    • Dispute Resolution
    • Indemnities
    • Damages