Australia Business Contract Law Fundamentals for Non-Lawyers

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C L A R I D E N 5-16 December 2016 Knowledge for the world business leaders Australia Australia Business Contract Law Fundamentals Session A: 5-6 December 2016, Brisbane Marriott Hotel Session B: 8-9

Enterprises Pty Ltd Internationally qualified lawyer with more than 20 years experience Commercially astute business consultant to both public and private corporations; specializing in topics like

1 C L A R I D E N 5-16 December 2016 Knowledge for the world business leaders Australia Australia Business Contract Law Fundamentals Session A: 5-6 December 2016, Brisbane Marriott Hotel Session B: 8-9 December 2016, Amora Hotel Jamison Sydney Session C: December 2016, The Langham Melbourne Session D: December 2016, Pan Pacific Faculty Director Beverley Honig BA LLB MBA, CEO Honeylight Enterprises Pty Ltd Internationally qualified lawyer with more than 20 years experience Commercially astute business consultant to both public and private corporations; specializing in topics like contract management, procurement and project management Listed in Who s Who of Business in Australia and was nominated multiple times for Business Women of the Year Awards Author of best-selling books including Making Contracts Work, which has been globally adopted by business leaders and used in University curriculum A great support for those who need to know more about contract negotiation and management and who need some clear guidelines on how to achieve the best outcomes. S. Godwin, KPMG Logical, practical, presentation which can be readily applied to own situation. J.Convey, AirServices Australia An engaging mix of presentation, group work, and applied case studies. Thank you. G.O Connor, Curriculum Corporation

Beverley Honig BA LLB MBA, CEO Honeylight Enterprises Pty Ltd Internationally qualified lawyer with more than 20 years experience Commercially astute business consultant to both public and private

the Year Awards Author of best-selling books including Making Contracts Work, which has been globally adopted by business leaders and used in University curriculum Beverley Honig is an

She is a well-known business advisor to corporations and governments globally in fields such as international business sourcing, contract management, project management and negotiation; and has

2 Beverley Honig BA LLB MBA, CEO Honeylight Enterprises Pty Ltd Internationally qualified lawyer with more than 20 years experience Commercially astute business consultant to both public and private corporations; specializing in topics like contract management, procurement and project management Listed in Who s Who of Business in Australia and was nominated multiple times for Business Women of the Year Awards Author of best-selling books including Making Contracts Work, which has been globally adopted by business leaders and used in University curriculum Beverley Honig is an internationally qualified lawyer with more than 20 years experience in Australia, the United Kingdom and Middle East, and is also the CEO of Honeylight Enterprises P/L, a leading business consultancy. She is a well-known business advisor to corporations and governments globally in fields such as international business sourcing, contract management, project management and negotiation; and has advised some of the major organizations including Ericsson, National Australia Bank, NEC and Melbourne Market Authority. As a seasoned strategist and corporate trainer, Beverley has designed and delivered more than 200,000 training courses globally, across Europe, the UK, Asia and the US on topics such as Effective Commercial Contract Management. She was a lecturer in the University of Melbourne, University of Monash and Queensland University of Technology s Business School. Her expertise in contracts has enabled her to publish one of her two bestselling books, Making Contracts Work, in She is also the acclaimed author of Project Management: The Managerial Process. Her wealth of experience has won her accolades from clients and she has also won tenders to design frameworks and training in this field. Beverley serves as a judge for the Essential Services Commission Appeals and also as Board Director and Chairman of several public and private companies. Her focus on boards is multilateral trade opportunities and market entry strategies, and has been a Board Director of the Australia Chamber of Commerce for 20 years. With many years of general management experience under her belt with companies such as Coles Myer, she brings unique commercial executive experience with responsibilities for growing billion dollar asset portfolios. Her achievements were recognized when she was nominated in 1997 for the awards of IWFCI/Drake International Businesswomen of the year and Telstra Business Women of the Year. From 2005 to 2007, Honeylight Enterprises repeatedly received the prestigious International Trade Awards, bestowed by the Prime Minister of Israel, in recognition of its outstanding contribution in the forging of international trade links. In addition, Beverley is listed in Who s Who of Business in Australia. Beverley is the author of the best-seller, Making Contracts Work: Combining the science of effective procurement with the art of managing supplier contracts 2

3 EXECUTIVE SUMMARY Program: Location: 4 Separately Bookable Sessions: Australia Business Contract Law Fundamentals Australia Session A: 5-6 December 2016, Brisbane Marriott Hotel Session B: 8-9 December 2016, Amora Hotel Jamison Sydney Session C: December 2016, The Langham Melbourne Session D: December 2016, Pan Pacific Early Bird 1 (Register & pay by 10 October 2016): Early Bird 2 (Register & pay by 7 November 2016): Regular Tuition Fee: AU$2,595 AU$2,795 AU$2,895 Group discount of 10% for 2nd participants from the same organization. For limited time only by 7 November 2016 registration for 3 participants, the 4th participant will receive a complimentary seat (one discount scheme will apply). Program Essence: Clariden s 2-day program is designed to provide you with a clear and concise understanding on how to draft and construct good contracts with the essential elements, content and layout of a well-defined contract based on Australia s latest business contract law. Our faculty director, Beverley Honig will guide you through the specifics in Australia s contract law and show you how to incorporate statutory and common law obligations into contracts. Nominated for Australia s Business Women of the Year Awards with over 20 years of law practice and experience, Beverley will be conducting the sessions in Brisbane, Sydney, Melbourne and. Throughout the program, you will learn how to draft contracts to ensure your contract objectives are being delivered, implement drafting changes to improve contract clarity and structure, review contract clauses to identify responsibility and liability. Finally, you will learn how to manage situations when your contracts go wrong from termination to damage assessment to remedies for breach. At the end of the two-day program, you will be fully equipped with a full working knowledge of Australia s business contract law to give you the confidence to deal with drafting and preparing contracts and at the same time, cover your potential risks and damages. As this program is designed to be interactive, you are encouraged to bring along samples of your contract(s) for an action learning environment. Even without prior legal knowledge, you will leave this course with the confidence and expertise to deal with contractual situations effectively. 3

4 PROGRAM INTRODUCTION Variations in statute laws across the different states mean that some rules of Australian contract law are not uniform. This can be confusing especially for those who have to deal with business contracts but have no legal background. Therefore, it is important for parties involved in contracting to have a good grasp of the essential principles of how verbal and written contracts are formed and negotiated so that companies can meet their business objectives. To achieve this, Clariden presents a two-day program. Driven by actual legal cases, this interactive program will allow you to explore the contractual issues you are facing at work in a shared learning environment and impart to you effective, workable solutions for all your contracting needs. You will be able to identify various types of contracts and recognize the differences between deeds and agreements, implied and express contracts. You will learn how to best manage risks in contractual framework and understand the liabilities you are exposed to so as to prevent contractual or commercial disputes. The program will also give you insight into the impact of equity and statutes on your contract when doing business in Australia. You will also learn the available remedies in times of contractual breach and the consequences of termination. Designed for non-lawyers dealing with the management of commercial contracts, this program will equip you with the necessary skills and knowledge so that you may cover all bases in contractual situations and effectively protect your company from costly and ineffective contractual arrangements. As this program is designed to be interactive, you are encouraged to bring along samples of your contract(s) for an action learning environment. WHO WILL BENEFIT THE MOST This course is designed for Contract Administrators, Contract Managers & Contract Professionals, Supply Officers, Buyers, Purchasing Professionals and Procurement Officers, Project Co-ordinators, Project Managers and other Project Professionals, Claims Personnel, including Legal Advisers, Contract Strategists and Business Audit Officers, Sales and Marketing Managers, Claim Managers, Business Development Managers, Supply Managers, Trade and Export Finance Managers, Corporate Directors, and Corporate/In-House Legal Counsels. LEARNING OBJECTIVES Gain a good grasp of the essential elements of a contract Implement strategies to ensure that your contracts are legally astute and advantageous to your organization Understand your contractual obligations and liabilities so as to protect your interests Recognize the remedies available to you during a breach of contract and the possible consequences of terminating a contract Examine the impact that equity and statues in Australia have on your business contracts CPD CERTIFICATION DETAILS This course has been independently certified as conforming to accepted CPD guidelines. On average, this executive program contributes 16 hours towards your CPD. Delegates must register at the start and close of each workshop to be awarded a certificate of completion. 4

5 PROGRAM OUTLINE DAY ONE The Essential Ingredients of a Contract Terms, conditions Intention, consent Certainty and contingency, good faith Examining One s Capacity to Contract Commercial entities Agency, constraints, assumptions When and How a Legal Contract Can be Created Verbal vs written contracts Signatories and signing Legal consequences of contracts that are not properly executed Part performance Variations Types of Contracts: Standard Form, Express, Implied Contracts and Tenders The real cost of sloppy contracts Deeds vs agreements Implied vs express contracts Tenders and contracts Learning from the Mistakes of Others Avoiding pitfalls Understanding precedents Constructing Good Contracts Contract form and content Details, consistency Risk Management: exemption and liability clauses Indemnities and warranties Intellectual property How to Effectively Read Contracts Plain English, pitfalls and tips 5

6 DAY TWO Contractual Risk Management How best to manage risk in contractual framework Liabilities and Responsibilities Indemnities, warranties Intellectual property The impact of Equity and Statutes on your contract Applying legal principles of estoppel etc. Statutory Impact on Contract Law Examining the impact of relevant Statutes When Can a Contract be Set Aside A case study of a contractual negotiation highlighting validity and constraints and consequent impact What Happens When Things Go Wrong? Remedies for Breach Consequences of termination, affirmation etc. Termination Assessing damages Contractual Issues in E-commerce Implications of contracts online, the digital contract Jurisdiction 6

7 AUSTRALIA BUSINESS CONTRACT LAW FUNDAMENTALS FOR NON-LAWYERS 5-16 December 2016 Australia REGISTRATION PAGE PROGRAM FEES 1 ST EARLY BIRD FEE: AU$2,595 (Registration and payment must be received by 10 October 2016) 2 ND EARLY BIRD FEE: AU$2,795 (Registration and payment must be received by 7 November 2016) REGULAR FEE: AU$2,895 GROUP DISCOUNT: For 2 registrations from the same company and billing source, the 2nd participant enjoys a 10% discount. For registrations before 7 November 2016 and for 3 or more participants, the 4th participant will receive a complimentary seat Important Notice: Payments are required with registration and must be received prior to the Course to guarantee your place. Booking Contact (Approving Manager) Mr/Mrs/Ms: Job Title: Department: Telephone: Fax: Organization: Address: Postal Code: I would like to receive more information on hotel accommodation using Clariden Global coporate rate. Please register the following participant for this seminar. (Please tick to select your seminar(s). You may tick more than one.) 1st Participant Name (Mr/Mrs/Ms): 2nd Participant Name (Mr/Mrs/Ms): 3rd Participant Name (Mr/Mrs/Ms): 4th Participant Name (Mr/Mrs/Ms): EARN CPD HOURS This course has been independently certified as conforming to accepted CPD guidelines. Delegates must register at the start and close of each workshop to be awarded a certificate of attendance. Participants may earn CPD hours after attending this executive program 4 WAYS TO REGISTER C L A R I D E N Knowledge for the world business leaders admissions@claridenglobal.com Fax: Call: Website: PAYMENT METHODS BY CHEQUE / BANK DRAFT : Made payable to CLARIDEN GLOBAL INTERNATIONAL LIMITED and mail to: 3 International Business Park, #04-29, Nordic European Centre, Singapore BY TELEGRAPHIC TRANSFER TO: Bank Name: Standard Chartered Bank Bank Code: 7144 Bank Branch Code: 001 Bank Address: 6 Battery Road, #01-01 Singapore Bank Account No: Bank Account name: CLARIDEN GLOBAL INTERNATIONAL LIMITED SWIFT Code: SCBLSG22 Please note that all bank charges are to be borne by participants. Please ensure Clariden Global International Limited receives the full invoiced amount. Note: Please include invoice number on all payment types and your company s name in your payment instructions for our reference. CREDIT CARD: To make payment by credit card, please call our client services hotline at HOW TO REGISTER AND PAY An invoice and registration confirmation will be sent within 7 days, please contact us if you have not heard from us within 7 days. Payment can be made by credit card, by bank transfer or by cheque made payable to Clariden Global International Limited. ALL PAYMENTS MUST BE RECEIVED IN ADVANCE OF THE EVENT. ACCOMMODATION Accommodation is not included in the program fee but you will be entitled to use our corporate rate for your accommodation. Information will be sent along with your registration confirmation. CANCELLATIONS AND SUBSTITUTIONS Once we have received your booking, the place(s) are confirmed. No refunds will be made for any cancellations, however, program credits of equivalent value only applicable for Clariden Global events will be provided. Credits can only be redeemed for 1 program and is valid for only one (1) year from date of issue. Substitution with a qualified candidate is allowed by providing at least 5 working days of advance notice to Clariden Global. One time substitution is allowed with no charges. Subsequent substitutions will be charged 10% admin fee. ALL CANCELLATIONS MUST BE RECEIVED IN WRITTEN FORM PLEASE NOTE: Clariden Global International Limited reserves the right to change the content and timing of the programme, the speakers and the date and venue due to reasons beyond their control. If in the unlikely event that the course is cancelled, Clariden Global International Limited will refund the full amount and disclaim any further liability. ENQUIRIES: If you have any queries about registration or payment please do not hesitate to contact our client services department on PRIVATE DISCLOSURE STATEMENT: Any information provided by you in relation to this event is being collected by Clariden Global International Limited and will be held in the strictest confidence. It will be added to our database for the primary purpose of providing you with information about future events and services. Visit us at for upcoming events FOR OFFICIAL USE FEE RECEIVED REFERENCE L6323/24/25/26/EC/ST

C L A R I D E N March 2014

C L A R I D E N March 2014 C L A R I D E N 27-28 March 2014 Knowledge for the world business leaders Intercontinental Melbourne The Rialto Faculty Leaders Stanislav Roth Managing Director Advised and represented numerous clients