| Topic |
Presenter
|
|
Arbitration and Dispute Resolution Clauses
|
Ms Mary Walker, Barrister, Selborne Chambers
|
|
|
• Elements to be included in dispute resolution clauses for effective referral to ADR processes
• The enforceability of dispute resolution clauses
• A discussion of the following cases: Hooper Bailie Associated Ltd v Natcon Group Pty Ltd, Elizabeth Bay Developments Pty Ltd v Boral Building Services Pty Ltd, Heart Research Institute Ltd v Psiron Ltd, Aiton Australia Pty Ltd v Transfield Pty Ltd
• The scope of the arbitration agreement, Uncertainty in ADR clauses, Expert determination clauses
• Mediation clauses - de Zylva v Hill and tips in drafting ADR clauses - advising clients in disputes |
|
Drafting Contract Clauses to Avoid Litigation: An Examination of Recent Cases
|
Mr Mark Darian-Smith, Partner, Mallesons Stephen Jaques
|
|
|
• ‘Good faith’/ ‘best endeavours’ clauses
• Warranties/ indemnities
• Liquidated damages clauses
• Limitation of liability/ consequential loss clauses
|
|
Proportionate Liability and Risk Sharing in Contracts
|
Mr John Cooper, Partner, Allens Arthur Robinson
|
|
|
• Understanding risk allocation when drafting contracts
• Understanding the proportionate liability regimes in Australia
• Contracting out of the regimes - where, when and how
• Impact on other clauses in contracts and other parties
|
|
Dealing with Breach of Contract and Repudiation
|
Mr Terry Grace, Partner, TressCox Lawyers
|
|
|
Paper co-written with Martin Luitingh, Barrister, Edmund Barton Chambers
• Conduct and events after the contract is formed
• Interrogation of the contractual term breached or repudiated
• Breach of contractual process obligations (tender process, variation process, extension of time process and dispute resolution processes) - a new lens for ‘wicked problems’
|
