What’s keeping you up at night as you handle your clients' business contracts, deal with risks, and look for better strategies and solutions to their contract disputes? Crafting high-quality contracts and gaining practical knowledge for managing when things go awry are crucial for successful transactions. We've got you covered on all fronts, from cutting-edge techniques and often overlooked clauses to contract termination, enforceability, breach remedies, and efficient resolution methods.
Gain a detailed, step-by-step guide to effectively reviewing a contract, procedure considerations and structure.
- Mastering the contract structure
- Clarity on the documents
- War stories / real life examples
Presented by Mark Allen, Senior Associate, Anthony Harper
- Understanding Digital Assets:
- Comprehensive understanding of the assets and their risks
- Best Practices: Creating and managing smart contracts
- Risk Mitigation Strategies: Spotlight on cybersecurity, regulatory compliance, and dispute resolution
- Future Trends and Opportunities
- Payments and disputes
- How to use AI and other tools to anticipate disputes
Presented by James Cochrane, Partner, Lane Neave; Best Lawyers Most Influential Lawyers New Zealand 2023, Doyle’s Leading Insolvency & Restructuring Lawyer New Zealand 2022
- Key hotspots and emerging trends
- The evolution of the interpretation principles
- Recent and upcoming decisions to have on your radar
Presented by Colin Hunter, Associate, Hesketh Henry
Chair: Jo-Anne Knight, Partner, Simpson Grierson
- Preparation
- Engaging with your client
- Managing the negotiation and the process
- Where and how things can go wrong
Presented by Campbell Featherstone, Partner, Dentons
Chair: Mark Kelly, Barrister, Commercial Mediator, Bankside Chambers; Best Lawyers 2023, Most Influential Lawyers
- Damages available for breach of contract, including expectation and reliance damages and damages for loss of a chance
- Equitable remedies available for breach of contract
- Impact of limitation of liability or exclusion clauses on damages for breach of contract
- Enforceability of Penalty clauses
Presented by Alice Poole, Senior Associate, Simpson Grierson
- Litigation vs. Alternative Dispute Resolution (ADR) methods
- Pros and cons of arbitration, mediation, and negotiation in resolving contract disputes
Presented by Jonathan Scragg, Partner, Duncan Cotterill
- Contracts can be terminated for many reasons but the right to terminate, and the remedies that flow, are not always straightforward.
- Discuss some of the key grounds to terminate
- Explore the risks of unlawful termination
- Terminating "at will"
- Examine frustration of contracts
Presented by Harriet Quinlan, Senior Associate, Anthony Harper, and Jason Goodall KC, Barrister, Bankside Chambers
Attend and earn 7 CPD hours
- Develop in-depth strategies to enhance drafting skills
- Learn how to effectively negotiate contract terms and clauses
- Obtain insights into smart contracts
- Analyse the latest contracts cases
- Understand the various types of damages available for breach of contract
- Receive practical learnings about contract termination and associated risks
- Consider alternative dispute resolution (ADR) methods for resolving contract disputes
Presenters
Mr James Cochrane, Partner,
James is a dispute resolution and litigation partner at Lane Neave (Auckland). He has significant banking and finance, insolvency, company law and insurance experience. James is passionate about cryptocurrency / crypto-assets and web3 technology. In addition to working on some of New Zealand’s most notable insolvencies, James has advised a number of parties interested in digital assets including insolvency practitioners; private wealth clients in relation to tax, asset acquisition, structuring, protection and property transfer; and businesses in relation to gaming, crypto-mining, capital raising, structuring / DAOs, and the regulatory landscape. In addition to litigation, James provides commercial advice for a range of clients from individuals and startups through to large multinational corporates. He has a particular interest in fintech and social media related disputes as well as sustainability and corporate social responsibility. James has a Master of Laws (LLM) which he completed with First Class Honours from the University of Auckland. is a member of BlockchainNZ, Restructuring & Turnaround Association of New Zealand (RITANZ) (formerly INSOL) and New Zealand Insurance Law Association (NZILA).
Ms Harriet Quinlan, Senior Associate,
Harriet is a Senior Associate at Anthony Harper in the commercial litigation team. Harriet has particular experience in contractual disputes, trust and estate litigation, relationship property matters and shareholder disputes. She also regularly advises insolvency practitioners and creditors in insolvency matters. Harriet applies excellent technical expertise to disputes with a view to achieving practical, efficient outcomes for clients. She has appeared in the Court of Appeal, regularly appears in the High Court and District Court and acts for clients in multi-million dollar arbitrations and mediations. Harriet has been ranked as a Next Generation Lawyer in the Legal 500 Asia Pacific Guide. She is a member of the Restructuring & Turnaround Association of New Zealand (RITANZ), and Women in Restructuring and Insolvency.
Mr Jonathan Scragg, Partner, Duncan Cotterill
Jonathan Scragg's expertise is in civil, commercial & public law litigation and dispute resolution. Jonathan has particular experience managing large, complex disputes and is an experienced advocate in the Courts and in mediation. Jonathan’s public law practice involves advising public and private sector entities on the operation and enforcement of legislation and representing parties in judicial review. In insurance law, Jonathan's work predominantly involves advising on indemnity issues and defending professional liability claims, complaints/disciplinary processes and regulatory prosecutions for a range of advisory, financial and property professionals. Jonathan also acts for parties in contract, property and trust disputes. Jonathan is the first New Zealand member of the Presidential Council of the International Insurance Law Association (AIDA) and is a past president of the New Zealand Insurance Law Association Inc (NZILA). Jonathan is a member of the Australian and New Zealand Institute of Insurance and Finance (ANZIIF). Jonathan is a former chair of the Duncan Cotterill partnership. He is admitted in England and Wales and has worked previously in London as well as having started his career in New Zealand as a High Court judges’ clerk. He is a contributing author to various legal texts published by LexisNexis and Thomson Reuters and speaks regularly at industry events and conferences on dispute resolution, insurance law and public law. Jonathan is a recipient of the Cleary Memorial Prize.
Alice Poole, Senior Associate, Simpson Grierson
Alice specialises in large and complex commercial disputes across a range of different sectors. She has experience advising on a broad range of commercial litigation, and all other forms of dispute resolution, with a focus on contractual disputes and company and directors’ duties litigation.
Campbell Featherstone, Partner, Dentons
Campbell is a partner in Dentons Wellington’s corporate and commercial team. He provides advice on all corporate and commercial matters including procurement projects, privacy, IT agreements (including SaaS, agile and waterfall software development, and traditional licensing), IP licensing and consumer and marketing law compliance. In doing so, he is frequently engaged to assist his clients to draft, negotiate and advise on complex commercial arrangements – often with multiple moving parts. He has significant international experience, having previously worked in the UK and the Middle East before returning to New Zealand in 2018, and advises clients based the world over. As a result, he has been exposed to many different drafting and negotiating styles and strategies.
Jason Goodall KC, Kings Counsel
Jason was appointed a King's Counsel in 2022. He practices across the full range of commercial litigation, but has particular expertise in banking and finance, securities, insurance, insolvency, professional negligence, trust and property disputes. He is named in Doyle's Guide as a leading New Zealand insolvency barrister. Jason has acted for many corporate clients and public companies including Vector, Westpac, Calibre Partners, Vero, Fletcher Building, PGG Wrightson, New Zealand Treasury, Maurice Blackburn, Itochu Corporation, Pyne Gould Corporation, Lloyd's syndicates, Spark, global insurance brokerage Willis, and litigation funders. He has also acted for clients in many of New Zealand's largest class action cases in recent years, including the CBL, Southern Response, James Hardie and Intueri class actions. Jason graduated from the University of Auckland in 2003, placing second in his year and receiving numerous prizes. Following graduation, he clerked for Sir Peter Blanchard in the Court of Appeal and then worked as a commercial litigator at Russell McVeagh and Slaughter & May (London). He moved to the independent bar in 2010 upon his return from London. Jason has presented numerous papers at Law Society conferences and is an editor of leading texts on property law, including Hinde McMorland & Sim Land Law in New Zealand. He has been admitted to practice in Samoa and has appeared numerous times in the Samoan Court of Appeal.
Mr. Colin Hunter, 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.
Mr. Mark Allen, Senior Associate, Anthony Harper
Mark is a senior associate in Anthony Harper's corporate advisory team. He provides advice on a wide range of corporate and commercial transactions, including M&A, procurement and outsourcing. He has extensive experience reviewing, drafting and negotiating high-value commercial contracts across many jurisdictions (having worked in large international firms in New Zealand, Australia and the United Kingdom). Mark's experience comes from a diverse range of industry sectors, both in New Zealand and internationally, which has provided him with exposure to a wide range of contract issues, approaches and strategies.