Session 3: Stream A: Contract Law Essentials (Live Stream)
Date: Thursday 15 March 2018
Time: 2.15pm to 6.30pm
Attend and earn 3 CPD hours
Has March come around sooner than expected? Do you want to get all your CPD done in one day instead of scraping hours together bit by bit? If the answer to any of these questions is 'yes' this program is for you! Our highly anticipated 10 CPD Hours in One Day program is back again to deliver an easy, efficient, information packed day that will strengthen your practice in the year to come.
Chair: Nic Scampion, Barrister, Shortland Chambers
Common Contract Mistakes: Recent Cases and the Insights they Offer to Drafters
- Review and analysis of recurring themes in contract disputes
- The meaning of words, use of language, and inconsistent terms
- Prior representations relied on or inducing entry into contract, and how to exclude them
Presented by Paul Dalkie, Barrister
Managing IP in the Contracting Process
- Securing IP ownership in a contracting situation
- Ownership versus licensing
- The potentially tangled web of IP joint ownership
- How to deal with background IP
- Drafting and negotiating IP ownership clauses: avoiding common mistakes
- Managing risk and liability: IP warranties and indemnities
Presented by Scott Yorke, Partner, Bowie Yorke
Unfair Terms and Unsubstantiated Representation Provisions
The last three years have seen unprecedented levels of Commerce Commission-initiated litigation, particularly on Fair Trading Act (FTA) matters. Analyse developments that practitioners should know about this area of 'strict liability'
- Learnings from the first three years of the Unfair Contract Terms (UCT) regime: What is 'unfair'?
- Common pitfalls when drafting & reviewing contracts, including collateral, B2C and B2B issues
- Other learnings from recent cases and the Commerce Commission's approach
Presented by Andrew Matthews, Principal and Gus Stewart, Senior Associate, Matthews Law
Serious Breach, Repudiation and Terminating a Contract
- How are courts dealing with serious breaches of contract
- Termination under the contract and at common law
- Repudiation and the perils of terminating in haste
- Common pitfalls
Presented by Tim Herbert, Barrister, High St Chambers
- Master contract drafting and consider recent case law
- Gain an understanding on how the Courts are dealing with serious breach, repudiation and terminating a contract
- Learn how to manage the trips and traps of IP in the contracting process
Chair: Nic Scampion
Nic Scampion practises in most areas of civil and commercial litigation and employment law. He practises from Shortland Chambers in Auckland and remains a member of Tanfield Chambers in London. He has advised and represented a range of clients and has extensive trial experience. Details about Nic and his practice are at: https://www.shortlandchambers.co.nz/barristers/nic-scampion
Paul Dalkie has practised as a barrister for more than 24 years in New Zealand and Australia. He appears in and has appeared in a wide range of civil and commercial cases and arbitrations. Prior to becoming a barrister he practised as a solicitor in Queensland for more than 8 years including at two global firms Blake Dawson Waldron (now Ashurst) and Cannan & Peterson, Sly & Weigall (now Norton Rose Fullbright). He has appeared and argued cases and conducted trials and appeals at all Court's levels, including the Privy Council. His practice has particular emphasis on contract disputes of all kinds, and corporate law, especially insolvency and shareholders and directors disputes. He is admitted to practice in New Zealand, Queensland and Victoria, and in the Federal Courts of Australia.
Scott Yorke is one of the founding partners of Bowie Yorke, a boutique law practice that helps clients to develop, commercialise and protect their technologies and innovations. He is an experienced commercial and corporate lawyer with expertise in technology law, international licensing, commercial contracts, corporate structuring and capital raising. Early in his career, Scott worked as a corporate commercial lawyer in Auckland before spending three years as in-house lawyer for a large UK company. Returning home, Scott worked for eight years at A J Park where he helped to establish the firm's commercial team, before leaving to co-found Bowie Yorke in 2012. Scott is recognised as an intellectual property and technology commercialisation expert. He has written articles on innovation and intellectual property law for local and international publications. He has also delivered seminars to a number of professional organisations, including the Licensing Executives Society Australia and New Zealand, the Intellectual Property Society of Australia and New Zealand, and the Auckland District Law Society. He recently appeared in the High Court as an expert witness on intellectual property licensing and royalty rates.
Andy Matthews has 25 years' competition law experience, including international experience with Allen & Overy (London / Moscow). He is consistently recognised internationally as a leading lawyer in his specialties in the main directories. This includes Chambers Asia-Pacific, where he has been rated Band 1- Competition since 2006. Andy was previously a senior partner at a leading trans-Tasman law firm, where he led the NZ Competition & Regulatory and TMT teams, and had also headed the Auckland Corporate division.
Gus Stewart is a Senior Associate at Matthews Law. He specialises in competition & regulatory law, with expertise in mergers, cartels and consumer law (including privacy) issues. Gus has advised clients in a wide range of industries including health, real estate, dairy, and telecommunications, and deals with the Commerce Commission on a regular basis. Before joining Matthews Law he was an in-house lawyer at 2degrees, and a lawyer in the Competition & Regulatory and TMT teams at a leading trans-Tasman law firm.
Tim Herbert is a barrister sole. He is qualified as a solicitor in England and Wales and as a solicitor and barrister in New South Wales and New Zealand. Having studied law at Brasenose College, Oxford, Tim attended law school at the Oxford Institute of Legal Practice. From there, he commenced his career at Herbert Smith in London and Hong Kong, before moving to the litigation department of the London branch of US firm, Jones, Day, Reavis & Pogue. After two years there, he moved to Australia where he worked for Freehills and Coudert Brothers in Sydney, before finally moving to New Zealand in 2005. After 5 years as a barrister and solicitor at LeeSalmonLong in Auckland, he commenced his own practice in 2010. Tim is currently based at Vulcan Building Chambers, Auckland.
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