With a focus on liability and indemnity clauses, recent case law regarding frustration of contracts, the assessment of damages, penalties, and liquidated damages, this program is jam-packed with everything you need to ensure your contracts are correct and at the highest level. Tackle the critical challenges lawyers face in contract risk management, including the consequences of breaches, the realities of insolvency and its impact on contract enforcement, and strategies for stakeholder engagement to mitigate disputes while navigating the complexities of termination processes.
Chair: Marcus Beveridge, Managing Director, Queen City Law
Drafting a contract is an artform but understanding and engaging with stakeholders to identify risks before drafting the contract…. is absolutely a critical skill. Even after the contract is signed, ensuring stakeholders comply with the terms can be a significant challenge. Explore:
- The art of contractual risk management: mastering both the creative and practical aspects of risk mitigation in contracts
- Pre- and post-contract risk management: how to approach risk planning both before and after signing the contract
- Effective stakeholder engagement: strategies to bring stakeholders on board and keep them aligned with risk management goals
- Enhancing your contract governance framework: how solid risk management processes can strengthen your overall contract governance
Presented by Maria Pozza, Director and Principal Lawyer, Gravity Lawyers
- Refine strategies for contractual risk management
- Enhanced expertise in structuring and negotiating liability and indemnity clauses
- Gain in-depth insights into contractual safeguards against default and insolvency
- Understand restraints, exclusivity, and competition and consumer law considerations
Presented by Colin Hunter, Senior Associate, Hesketh Henry
- Gain insights from the court regarding the frustration of contracts
- Explore the assessment of damages, penalties, and liquidated damages
- Examine the processes surrounding termination, as well as ADR clauses and their enforcement
Attend and earn 7 CPD hours
- Red flags in contracts (including SPAs): Geographic & product exclusivity, non-competes & other restraints
- Pricing issues: MFNs / price parity clauses, RRP
- Everyone’s a competitor? Understanding vertical, horizontal, and other restraints and how to draft / frame contracts
- Competition law prohibitions and relevant law on restraints and exclusivity
- International regulators priorities & how on Commerce Commission enforcement priorities
Presented by Alicia Murray, Partner, Matthews Law
- First signs
- Protecting the assets
- Legal pitfalls
- Minimising the fallout and keeping the project on-track
Presented by John Walton, Arbitrator, Commercial Mediator, Bankside Chambers
- Update on claimable damages from breach of contract under New Zealand law
- Issues with enforcement of limitation of liability and indemnity clauses
- Drafting tips for limitation of liability and indemnity clauses
Presented by Sean Brogan, Principal, AJ Park Law
Chair: Jo-Anne Knight, Partner, Simpson Grierson
- Requirements under section 60 of the Contract and Commercial Law Act 2017
- Common law test for frustration
- Cases and lessons from the Supreme Court (Planet Kids Ltd v Auckland Council [2013] NZSC 147)
- Issues to avoid
Presented by Tina Hwang, Director, Queen City Law
- Common issues with termination and ADR clauses
- Enforcement options and strategies
- Updates on key cases
Presented by Sarah Fairbrother, Senior Associate, Duncan Coterelli
Presenters
Alicia Murray, Partner, Matthews Law
Alicia is a commercial litigator with more than 20 years’ experience in competition law and large-scale commercial disputes. She offers a commercial and pragmatic perspective to setting and implementing strategy to resolve complex disputes and has acted for a wide range of clients in various industries. Alicia acts for clients being investigated by the Commerce Commission in relation to alleged breaches of competition law and consumer law (including Commerce Act, Fair Trading Act and Credit Contract and Consumer Finance Act issues). Alicia assists clients through the whole of the investigation and enforcement experience, where having consistent representation helps to streamline the process and deliver the best value for clients. Alicia has acted for clients involved in some of the largest cartel investigations over the last 20 years, including the air cargo cartel and the real estate proceeding regarding Trade Me fees. Alicia’s practice also includes providing advice on the full range of competition law issues, and assisting clients with mergers, clearance applications and authorisations. She has also regularly provided training seminars on compliance issues. Alicia has strong court experience, and experience with alternative forms of dispute resolution. Other areas of expertise include financial markets legislation and commercial disputes. Alicia is a member of the board of the Competition Law and Policy Institute of New Zealand (CLPINZ) and previously served as president of the Auckland Women Lawyers Association. Alicia is ranked in Chambers for competition law and in Legal 500 for dispute resolution.
Tina Hwang, Director, Queen City Law
Tina Hwang is a Director and is the Leader of QCL’s large and award winning Property Team. Tina is also Co-Convenor of The Law Association (previously ADLS) Property Law Committee and member of The Law Association Property Disputes Committee. Tina mainly practises in property, construction and litigation. She has deep and wide experience in virtually all aspects of property law and property development and has been involved in some of New Zealand’s largest property projects. Tina has also developed expertise in construction issues and has presented papers at many New Zealand law seminars on property and construction law. She contributes regularly to the Builders & Contractors Magazine. Tina also speaks fluent Korean. Being client-centric Tina has also taken on numerous employment cases (both employer and employee) and the consequent mediation and settlements. Tina regularly appears in Tribunals and Courts. Clients love working with Tina as she is an excellent communicator, works very efficiently and keeps clients fully informed.
Sarah Fairbrother, Senior Associate, Duncan Cotterill
Sarah specialises in litigation and dispute resolution, working with clients to provide strategic and practical solutions. Sarah is an experienced litigation and dispute resolution lawyer, with particular expertise in commercial, insurance and public law. She has appeared in the Supreme Court, Court of Appeal and High Court, as well as in arbitrations and mediations. She has also worked in in-house roles, so understands this experience and perspective. Sarah is approachable and effective, and enjoys working alongside clients to provide advice and advocacy tailored to their needs.
Marcus Beveridge, Managing Director, Queen City Law
Marcus Beveridge is the Managing Director of Queen City Law NZ Limited. His main areas of practice are construction and property law, commercial law, foreign investment, real estate services and immigration. Marcus has developed expertise in business-based immigration and has acted on literally 100's of successful business-based immigration applications over the best part of 3 decades. Many of these clients have subsequently become major clients of his firm. The total amount of business immigration funds invested in NZ in the last decade is close to NZ$10 Billion. Marcus is a regular commentator on immigration based issues on national Radio & TV and has presented and chaired many NZ Immigration Law conferences over the years. Marcus has also recently been on several Working Groups and Immigration Reference Groups liaising with senior INZ management about assorted immigration issues. His firm comprises one of NZ’s largest immigration law teams. Marcus was formerly Chairman of NZAMI and Convenor of the New Zealand Law Society Immigration Committee.
John Walton, Arbitrator, Commercial Mediator, Bankside Chambers
John Walton is a barrister, at Bankside Chambers in Auckland, practising as an arbitrator (both domestically and internationally), construction contracts adjudicator and commercial mediator. He also probity audits and peer reviews major construction and public procurement projects as an independent advisor. John is admitted as a solicitor in England and Wales and in Hong Kong; he is a past President of AMINZ, Fellow of AMINZ, the Chartered Institute of Arbitrators in the UK and of the Asian Institute of Alternative Dispute Resolution. He is also a member of the Society of Construction Arbitrators in the UK, and in 2019 was made an Honorary Life Member of the Society of Construction Law.
Sean Brogan, Principal, AJ Park Law
Sean Brogan heads up the Baldwins IP Commercial Department. Sean advises clients on a broad range of commercial, corporate, IP and IT law matters, however has particular expertise in IP and technology focused transactions. Sean helps private and public sector bodies structure their business and operations in order to protect, commercialise and otherwise best use their assets. Before joining Baldwins, Sean worked in one of the UK's leading IP and technology law firms. Prior to that he practiced in the commercial and corporate department of a well-known boutique firm in Sydney.
Maria Pozza, Director and Principal Lawyer, Gravity Lawyers
Dr Pozza is the Director and Principal lawyer of Gravity Lawyers. Her expertise includes: Commercial international space law, international military space law, domestic legislative frameworks over military and commercial uses in space as well as international law space law dealing with armed conflict and aggressive uses. She provides expertise in legal and technical frameworks concerning cybersecurity and IT, Unmanned Aerial Vehicles (UAVs), and technology laws. She has been the course coordinator for the University of Victoria’s Cyber Security and International Relations, as well as a lecturer for the International Relations course. As a prolific publisher, Dr Pozza has edited and published a book on Risk Management in Outer Space Activities – An Australian and New Zealand Perspective, as part of her Book Series titled Space Law and Policy. She has been involved in the development of numerous space law publications that range from academic articles, professional publications, guidance materials, and books. Dr Pozza has supervised at master’s level and is currently supervising at the PhD level with the University of Otago. Her expertise on international and national space law, is often called upon by a wide range of domestic and international clients and institutions.
Jo-Anne Knight, Partner, Simpson Grierson
Jo-Anne is a partner in the commercial litigation group of Simpson Grierson. She specialises in construction litigation. Jo-Anne has over 20 years' experience acting for contractors, principals, local authorities and consultants in the full range of building and infrastructure disputes. Jo-Anne also advises in the negotiation and drafting of construction contracts with particular emphasis on the allocation of risks within construction contracts, security arrangements and providing tailored mechanisms for avoiding disputes and managing disputes that cannot be avoided in the most effective manner suitable to the particular project or industry. Jo-Anne has represented construction parties and local authorities in well over 100 mediations and judicial settlement conferences. She specialises in adjudications and also appears as counsel in the courts, specialist tribunals and in arbitrations covering the full range of construction issues, including payment disputes, construction defects cases and enforcement of performance bonds.
Colin Hunter, Senior Associate, Hesketh Henry
Colin graduated from the University of Auckland with a Bachelor of Law (Hons) and was admitted as a Barrister and Solicitor of the High Court in 2016. He specialises in civil litigation, with particular expertise in maritime and insurance law. Colin excels at complex legal analysis and cross border claims. Colin has experience across a broad range of trade and transport disputes. He has acted on cargo (wet and dry), international trade, collisions, fires, ship repair, ship arrest and charterparty disputes. Colin has acted for many New Zealand insurers with respect to professional indemnity, directors and officers, income protection, construction works, property, life and disability, and marine insurance. He also has experience with offshore insurers and re-insurers to provide advice on New Zealand insurance law and registration as a New Zealand insurer. Colin has successfully argued before the High Court and supported litigation in the Court of Appeal and Supreme Court. He is a creative problem solver with strong legal knowledge and a pragmatic negotiation style. Prior to being a lawyer Colin was a jazz musician. He has given his time to teach Burmese refugees and students in need. He has a passion for cooking and has regularly cooked for Auckland’s homeless population. Colin has been a member of the Maritime Law Association of Australia and New Zealand since he was a law student. He has given talks at the branch and national conference on marine insurance and admiralty issues.