|Start time||27 Aug 2019 9:00am (Australia - Melbourne)|
|End time||27 Aug 2019 1:30pm (Australia - Melbourne)|
|Location||Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne|
|Speaker||See full program for details.|
|Catering||Includes morning tea and refreshments|
|Designed for||Legal practitioners|
Contract Law Masterclass
Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne
Contact Reception on 03 8667 5667 to book your free 3rd place!
This program will be chaired by:
Odette McDonald, Director, Phi Finney McDonald
Agreement or Deed? Proceed with Caution
How do you know which option is best when deciding to record an arrangement by Agreement or Deed? This session will cover topics including:
Ensure you know which way to proceed!
Presented by: Sarah Worsfield, 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.
Presented by: Sam Kingston, Special Counsel, Maddocks
Agreeing to Agree - When Letters 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 seminar 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: Jennika Anthony-Shaw, Barrister, Victorian Bar
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.
Emma Poole, Barrister, Victorian Bar, and
Anna O'Callaghan, Barrister, Victorian Bar.
Substantive Law: 4.0