Tom Darbyshire takeaways

Legalwise: Contract Law Roundup

Date: Thursday, 7 March 2019
Time: 9.00am to 4.00pm
Venue: Parmelia Hilton, 14 Mill Street, Perth

Attend and earn 6 CPD points in Competency Area 4: Substantive Law

The best way to avoid a messy contract dispute is to draft a bullet proof contract in the first place. That can be easier said than done, but with this line-up of practical sessions you will get it right the first time. Plus, should things turn sideways despite best efforts, this conference will also arm you with the knowledge and skills needed to navigate any issues involving disputes, insolvency, arbitration and more.

Chair: Rebecca Collins, Barrister, Quayside Chambers


9.00am to 10.00am Managing the Contractual Relationship

  • The key to establishing good contractual relationships
  • Avoiding contractual obligations and the consequences of each
      • Changing the contractual obligations
      • Repudiation
      • Frustration
      • Breach
      • Set aside
      • Termination

10.00am to 11.00am Going Abroad: Negotiating, Drafting, and Performing International Contracts

Australian businesses are entering international contracts more than ever before. Outsourcing of manufacture and support staff is becoming common at every level of business, whilst the internet offers an opportunity to market to the world from a home office. Gain a comprehensive overview of the considerations an Australian lawyer must have on their checklist when their client is negotiating and entering into a contract overseas, whether that client is a multinational corporation or a family business.

11.00am to 11.15am Morning Tea


11.15am to 12.15pm Dealing with IP in Commercial Contracts

  • When is there IP to consider: IP types, IP layers (underlying, background, project) & owners
  • IP contracting fundamentals: Assignment, licensing, terms, territory, reversions, moral rights
  • Issues around suitability of general commercial contracts for IP: Design commissions, using non-suitable commercial terms
  • Industry-based expectations: Audio-visual, images, industrial and commercial applications

12.15pm to 1.15pm Developments in Technology and Contracts

  • An overview of smart contracts and blockchain and an update on these tools in the marketplace
  • Data and cyber liability and risk issues
  • A review of other emerging issues in this space

1.15pm to 2.00pm Lunch


2.00pm to 3.00pm Contractual Insolvency Risks and the New Ipso Facto Regime

  • The broader context of the ipso facto reforms
  • How the ipso facto regime works and the effect it has on contracting parties
  • Other insolvency risks for contracting parties, such as the new anti phoenixing regime

Presented by Tom Darbyshire, Partner, Kott Gunning Lawyers

3.00pm to 4.00pm
Contract Disputes and Arbitration Clauses

  • Identifying and perfecting arbitration clauses
  • Arbitral rights
  • Arbitrate or litigate?

For more information and to register, visit the Legalwise Event Webpage.