Take your contract law expertise to the next level with this power-packed program. In one comprehensive day, you’ll gain the practical tools and strategies every lawyer needs to excel—whether you’re resolving disputes or drafting airtight agreements. Learn how to manage damages, penalties and liquidated damages; use competition law as a tactical advantage; and navigate termination, breaches and remedies with confidence. Develop your drafting skills to avoid risk, master negotiation techniques and address emerging challenges like cybersecurity and AI. With insights shared by experienced experts gain actionable insights to help you protect clients, minimise exposure and stand out as a trusted advisor in complex commercial matters.
Tuesday, 17 March 2026
Description
Attend and earn 7 CPD hours
11.15am to 12.15pm Termination, Breaches and Remedies
- Termination:
- Following the prescription under ss36 & 37 Contract and Commercial Law Act 2017 (CCL)
- Other provisions of the CCL you must be aware of, viz – Part 2 Sub3 ss 33, 34, 35, 38 – 49
- Statutes that give a court power to cancel a contract as part of relief, e.g. s43(3) of the Fair Trading Act 1986
- Following the prescription in the contract itself
- Statutes that contain their own prescription for termination of a specific kind of contract, e.g. Property Law Act 2007 for leases
- Breaches:
- Some breaches will do no more than give rise to a claim for damages or rectification
- Often a contract will specify which breaches give rise to termination. That must be followed
- Remedies:
- Damages that flow from the contract. These may vary depending on the kind of contract and the nature of the breach (disgorgement of profit – conversion damages)
- Interim injunctive relief is always available as a remedy whether or not the contract specifies arbitration
- Sometimes terminating the contract and stopping at that point is the best outcome
Presented by Paul Dalkie, Barrister. Paul Dalkie Barrister
Learning Objectives:
- Understand the principles governing damages, penalties, and liquidated damages in contract law
- Learn how to identify, negotiate, and enforce contractual provisions that may raise cartel risks
- Analyze recent case law on contractual discretion and apply best practices for drafting clauses
- Develop skills to draft and negotiate contract clauses strategically
- Learn to draft robust contractual provisions addressing cybersecurity, data protection, and the use of AI tools to mitigate digital risks
Session 2: Contract Drafting and Risk Avoidance
Session 1: Navigating Contract Disputes
10.00am to 11.00am Using Competition Law as A Sword or a Shield in Contract Disputes
Given increasing awareness of cartel risk, and the uncertainty about the scope of Commerce Act exceptions, negotiating and enforcing contracts that may contain cartel provisions can be challenging.
- Negotiating for the inclusion or removal of a potential cartel provision
- Enforcement of potential cartel provisions
- When to consider applying to the Commerce Commission for leniency
Presented by Alicia Murray, Partner, Lowndes Jordan
11.00am to 11.15am Morning Tea
12.15pm to 1.15pm Contractual Discretion: New Zealand’s Developing Jurisprudence
- Recent first instance and appellate decisions
- The interaction of private and public law tests
- How to draft contractual discretion provisions
Presented by Colin Hunter, Senior Associate, Hesketh Henry
4.15pm to 5.15pm Contractual Interpretation: Drafting with Clarity
Clear and precise drafting is the cornerstone of effective contracts. In this session, we will explore the key principles of contractual interpretation and offer practical guidance on how to draft with clarity to avoid litigation risk.
Presented by Emily Murray, Senior Associate, Russell McVeagh
2.00pm to 3.00pm Negotiating Contracts: Positional Drafting
Join a masterclass of contracting drafting class pitched at lawyers supporting commercial teams to negotiate contracts, whether inhouse or external clients (from the routine to the complex). Discover how the same clause can be expressed (or tweaked in negotiation) to alter which party it prefers. You will master:
- Who decides if an obligation has been met
- Introducing proportionality
- “Reasonable” standards
- Breach triggers
- Drafting traps
- Limitations and indemnities
Presented by Peter Callus, Senior Associate, Dentons
9.00am to 10.00am Damages, Penalties and Liquidated Damages
- General principles of damages in contract law
- The penalties doctrine and what you need to consider
- Liquidated damages, their function, why parties use them
- Together with some practical drafting tips
Presented by Mark Allen, Senior Associate, Anthony Harper
3.00pm to 4.00pm Contract Risk Management in the Digital Age
- How to draft effective cybersecurity and data protection obligations
- Contractual safeguards for the use of algorithms and AI tools in services agreements
Presented by Andy Dysart, Senior Associate, Buddle Findlay
4.00pm to 4.15pm Afternoon Tea
Presenters
Mark Allen, Senior Associate, Anthony HarperMark Allen is a corporate and commercial law specialist who advises on a wide range of transactions for private and public entities, including: mergers and acquisitions, capital raising (private and public), corporate governance, procurement, outsourcing as well as general corporate and commercial advisory matters. With over 18 years’ experience from working in multiple jurisdictions in leading national and international law firms across New Zealand, the United Kingdom and Australia, Mark specialises in drafting and negotiating complex, high-value commercial contracts. He provides tailored, client-focused advice that is pragmatic and commercially astute. Mark’s clients come from a diverse range of industry sectors including tech, infrastructure, finance, insurance, utilities, medical technology and ICT. Mark brings a progressive and innovative approach to his commercial practice. This includes the development of automated legal solutions to help clients streamline commercial contracts to improve efficiency and mitigate risk.
Paul Dalkie, Barrister. Paul Dalkie Barrister
Paul Dalkie has extensive experience as a barrister in New Zealand and Australia over several decades. He appears in and has appeared in a wide range of civil and commercial cases and arbitrations. Prior to becoming a barrister, he practiced as a solicitor in Queensland in two global firms, Blake Dawson Waldron (now Ashurst) and 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 director’s disputes. He is admitted to practice in New Zealand, Queensland and Victoria, and in the Federal Courts of Australia. He has been an adjunct Professor at the Beijing Jiaotong University, Beijing, China since 2019 in International Arbitration, Corporations Law and Contract Law.
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.
Alicia Murray, Partner, Lowndes Jordan
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.
Peter Callus, Senior Associate, Dentons
Peter is a Senior Associate in Dentons Corporate and Commercial team with over 10 years' experience. He advises on a full range of corporate and commercial matters, including drafting and negotiating complex service agreements, supply agreements and strategic/framework agreements, M&A transactions, joint ventures, and business structuring. Peter provides solution focused commercial and corporate law advice to his clients across a range of sectors, with a particular interest in energy and technology. Before joining Dentons, Peter worked for four years at a highly regarded boutique commercial and M&A firm. He then worked for Mourant for three years in Guernsey and London, and most recently at Russell McVeagh for two and a half years. Peter brings a calm manner and robust process to his work and excels at complex problem solving, drafting and advising on commercial contracts.
Andy Dysart, Senior Associate, Buddle
Andy specialises in commercial contracting with specific expertise in technology procurement. He has worked extensively with clients in the public sector, as well as the banking, horticultural, and infrastructure sectors. His expertise includes drafting, reviewing, and negotiating commercial agreements, with a focus on finding simple, practical solutions to complex contracting issues. He has provided strategic advice on a range of government procurement projects, including reviewing procurement plans, tender documentation, and assisting with bidder evaluation. Andy also has experience working as in-house counsel (as a secondee) for a leading New Zealand horticultural export company.
Emily Murray, Senior Associate, Russell McVeagh
Emily is a senior associate in the firm's Corporate Advisory team. She has extensive experience advising on mergers and acquisitions, private equity transactions, joint ventures and commercial contracts for listed and unlisted clients in the energy, insurance, banking, telecommunications, FMCG, pharmaceuticals and oil and gas sectors. Before joining Russell McVeagh in September 2019, Emily worked at another large New Zealand law firm. Prior to that she worked in Johannesburg for ENSafrica (the largest tier one firm in Africa) where she advised on several high profile transactions.
