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EXPERT SPEAKERS:BRISBANE: • Melissa Grainger, Director, Queensland Procurement• Dianna Worrell, Barrister-at-Law, Cedric Hampson Chambers• Michael Creedon, Partner, Minter Ellison• Andrew Mewing, Principal, McInnes Wilson• Eden Bird, Solicitor, McInnes Wilson• Robin Lonergan, Partner, Tresscox• Stephen Burton, Partner, Holding Redlich• Sarah-Jane Archdale, Overseas Qualified Senior Associate, Mccallough Robertson• Matt Thomas, Lawyer, Allens Linklaters• Jacques Nel, Special Counsel, Thompson Geer

SYDNEY:• Joanna Oakey, Director, Aspect Legal Pty Limited • Michael Cossetto, Executive Lawyer, Bartier Perry• Scott Alden, Partner, DLA Piper • Jenny Mee, Partner, K&L Gates • Andrew Chew, Partner, Corrs Chamber Westgarth• Cameron Scholes, Senior Associate, Corrs Chamber Westgarth• Tony Britt, Partner, Holding Redlich• Leon Chung, Partner, Herbert Smith Freehills• Stanislav Roth, Managing Director, Source Legal

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Procurement Contract Risk Mitigation SeminarProviding practical diagnostics and strategies to mitigate and manage legal risks associated with procurement contracts

28 JULY 2014 STAMFORD PLAZA

BRISBANE29 JULY 2014

SIR STAMFORD CIRCULAR QUAYSYDNEY

30 JULY 2014 STAMFORD PLAZA

MELBOURNE

KEY BENEFITS OF ATTENDING

• Gain knowledge on how to approach procurement contracts from a pro-active, and risk mitigating perspective to avoid costly litigation down the road• Ensure contractual flexibility, transparency and stakeholder buy-in across all procurement contracts• Attain up-to-date, state specific legislative advice on all aspects of procurement contractual risks in regard to contract drafting, management, negotiation, and termination• Hear from top tier partners on the most recent applicable case law, and its implications for your role

MELBOURNE: • Catherine Moore, Partner, K&L Gates• Chris Edquist, Partner, Holding Redlich • St John Frawley, Partner, Thomson Geer• Tony Horan, Barrister, Victorian Bar• Fiona Borrelli, Lawyer, Allens Linklaters• Kess Dovey, Senior Associate, King & Wood Mallesons• Toby Patten, Special Counsel, Baker & McKenzie

PROCUREMENT CONTRACT RISK MITIGATION SEMINAR

2 T | 61 2 9247 6000 F | 61 2 9247 6333 E | registration@akolade.com.au W | akolade.com.au

CONTRACT MANAGEMENT3:10 Ensuring vendor performance and tighter contractual compliance post- procurement • Drafting review and key dates and KPI’s throughout the contract period to ensure they are on track/met • Addressing non– compliance and adherence with contract schedules or rates • How to ensure enforcement and authority over vendor deliverables and contractual obligations by outlining clear and unambiguous deliverables • Disciplined and timely administration, documentation and records keeping • Mitigating and managing contractual liabilities regarding sub-contract management and procurement Matt Thomas, Lawyer, Allens Linklaters

3:50 Highlighting the key areas of risk when terminating a contract • Understanding which breaches justify termination of your contract • Examining the legal complications of repudiatory conduct with current case law examples • Clarifying the options for early termination in contracts • Exploring “Is failure to pay” a valid reason for termination of contract • Examining effective remedies and realistic damages when contracts are breached, and performing a cost-benefit analysis Stephen Burton, Partner, Holding Redlich

4:30 Closing remarks from the Chair and conference adjourns

SYDNEYTUESDAY, 29th JULY 20148:00 Registration opens9:00 Opening remarks from the Chair Joanna Oakey, Director, Aspect Legal Pty Limited

CONSIDERING CONTRACTUAL ARCHITECTURE9:10 Examining contractual risk for your tenders • Identifying and avoiding common contractual traps pre-solicitation phase • Renegotiation of renewed contracts without showing favoritism or bias against potential new bidders • How to avoid leak of confidential information prior to tender process (budget, preferred materials, technical specifications) so contractors aren’t able to tailor and accommodate their services and capabilities to your needs prior to award of tender • Ensuring you engage in meaningful and productive tendering to mitigate against late stage non-acceptance by vendors • Examining legal risk and recent case law • Emerging procurement models Scott Alden, Partner, DLA Piper

9:50 Examining flexibility in contracts • Considering why contracts should have in-built flexibility • Designing your contracts with flexibility in mind • Practical drafting tips for increasing flexibility without increasing risk • Ensuring verbal agreements are followed up with written advice for urgent services/works procured prior to contract finalisation • Allowing for contractual amendments and ensuring due process Leon Chung, Partner, Herbert Smith Freehills

10:30 Morning Tea

11:00 Effective use of clauses to limit contractual risk and liabilities • Mitigating risk through effective risk assessment and allocation • Discussing which clauses are best used to limit contractual risk • Exclusion clauses • Limitations of liability • Insurance • Drafting and enforcing indemnity clauses Jenny Mee, Partner, K&L Gates

BRISBANEMONDAY, 28th JULY 20148:00 Registration opens9:00 Opening remarks from the Chair Melissa Grainger, Director, Queensland Procurement

CONSIDERING CONTRACTUAL ARCHITECTURE9:10 Examining contractual risk for your tenders • Identifying and avoiding common contractual traps pre-solicitation phase • Renegotiation of renewed contracts without showing favouritism or bias against potential new bidders • How to avoid leak of confidential information prior to the tender process (budget, preferred materials, technical specifications) so contractors aren’t able to tailor and accommodate their services and capabilities to your needs prior to award of tender • Ensuring you engage in meaningful and productive tendering to mitigate against late stage non-acceptance by vendors • Examining legal risk and recent case law • Emerging procurement models Michael Creedon, Partner, Minter Ellison

9:50 Examining flexibility in contracts • Considering why contracts should have in-built flexibility • Designing your contracts with flexibility in mind • Practical drafting tips for increasing flexibility without increasing risk • Ensuring verbal agreements are followed up with written advice for urgent services/works procured prior to contract finalisation • Allowing for contractual amendments and ensuring due process Robin Lonergan, Partner, Tresscox

10:30 Morning Tea

11:00 Effective use of clauses to limit contractual risk and liabilities • Mitigating risk through effective risk assessment and allocation • Discussing which clauses are best used to limit contractual risk • Exclusion clauses • Limitations of liability • Insurance • Drafting and enforcing indemnity clauses Andrew Mewing, Principal, McInnes Wilson Eden Bird, Solicitor, McInnes Wilson

11:40 Consequential loss clauses expanded • Examining the importance of clearly drafting consequential loss clauses • Ensure the use of appropriate terms when attempting to exclude consequential loss • Recent Case Law Jacques Nel, Special Counsel, Thompson Geer

12:20 Luncheon

CONTRACT BREACH AND LIABILITIES1:20 Understanding proportionate liability • Ensuring a clear understanding of proportionate liability • Understanding the relative liability and scope of other ‘concurrent wrongdoers’ • Discussing apportion able claims in tort, contract or under statute • Understanding the concept of risk allocation and its implications as they related to proportionate liability • Understanding the implications contracting out of proportionate liability has on insurance Dianna Worrell, Barrister-at-Law, Cedric Hampson Chambers

WORKFORCE MANAGEMENT STRATEGY2:00 Understanding how liquidated damages are calculated and handled • Reviewing recent High Court cases on penalties Sarah-Jane Archdale, Overseas Qualified Senior Associate, Mccallough Robertson

2:40 Afternoon Tea

3T | 61 2 9247 6000 F | 61 2 9247 6333 E | registration@akolade.com.au W | akolade.com.au

28th July 2014 BRISBANE - 29th July 2014 SYDNEY - 30th July 2014 MELBOURNE

11:40 Consequential loss clauses expanded • Examining the importance of clearly drafting consequential loss clauses • Ensure the use of appropriate terms when attempting to exclude consequential loss • Recent case law Michael Cossetto, Executive Lawyer, Bartier Perry

12:20 Luncheon

CONTRACT BREACH AND LIABILITIES1:20 Understanding how liquidated damages are calculated and handled • Reviewing recent High Court case on penalties Tony Britt, Partner, Holding Redlich

2:00 Ensuring vendor performance and tighter contractual compliance post- procurement • Drafting review and key dates and KPI’s throughout the contract period to ensure they are on track/met • Addressing non– compliance and adherence with contract schedules or rates • How to ensure enforcement and authority over vendor deliverables and contractual obligations by outlining clear and unambiguous deliverables • Disciplined and timely administration, documentation and records keeping • Mitigating and managing contractual liabilities regarding sub- contract management and procurement Joanna Oakey, Director, Aspect Legal Pty Limited

2:40 Afternoon Tea

CONTRACT MANAGEMENT3:10 Highlighting the key areas of risk when terminating a contract • Understanding which breaches justify termination of your contract • Examining the legal complications of repudiatory conduct with current case law examples • Clarifying the options for early termination in contracts • Exploring “Is failure to pay” a valid reason for termination of contract • Examining effective remedies and realistic damages when contracts are breached, and performing a cost-benefit analysis Andrew Chew, Partner, Corrs Chamber Westgarth Cameron Scholes, Senior Associate, Corrs Chamber Westgarth

3:50 Basics of contract formation • Contract formation issues in long term agreements (panel, umbrella and period contracts) • Contract formation issues in preliminary agreements, including a case study based on the recent Fortescue Metals Group v ASIC case • Key issues in pre-bid and early works agreements Stanislav Roth, Managing Director, Source Legal

4:30 Closing remarks from the Chair and conference adjourns

MELBOURNEWEDNESDAY, 30th JULY 20148:00 Registration opens9:00 Opening remarks from the Chair

CONSIDERING CONTRACTUAL ARCHITECTURE9:10 Examining contractual risk for your tenders • Identifying and avoiding common contractual traps pre-solicitation phase • Renegotiation of renewed contracts without showing favoritism or bias against potential new bidders • How to avoid leak of confidential information prior to tender process (budget, preferred materials, technical specifications) so contractors aren’t able to tailor and accommodate their services and capabilities to your needs prior to award of tender • Ensuring you engage in meaningful and productive tendering to mitigate against late stage non-acceptance by vendors • Examining legal risk and recent case law • Emerging procurement models Toby Patten, Special Counsel, Baker & McKenzie

9:50 KEYNOTE SESSION Understanding proportionate liability • Ensuring a clear understanding of Proportionate liability • Understanding the relative liability and scope of other ‘concurrent wrongdoers’ • Discussing apportion able claims in tort, contract or under statute • Understanding the concept of risk allocation and its implications as they related to proportionate liability • Understanding the ability and scope for contracting out of proportionate liability and its implications on insurance Tony Horan, Barrister, Victorian Bar

10:30 Morning Tea

11:00 Effective use of clauses to limit contractual risk and liabilities • Mitigating risk through effective risk assessment and allocation • Discussing which clauses are best used to limit contractual risk • Exclusion clauses • Limitations of liability • Insurance • Drafting and enforcing indemnity clauses Catherine Moore, Partner, K&L Gates

11:40 Consequential loss clauses expanded • Examining the importance of clearly drafting consequential loss clauses • Ensure the use of appropriate terms when attempting to exclude consequential loss • Recent case law Kess Dovey, Senior Associate, King & Wood Mallesons

12:20 Luncheon

CONTRACT BREACH AND LIABILITIES1:20 Understanding how liquidated damages are calculated and handled • Reviewing recent High Court case on penalties Chris Edquist, Partner, Holding Redlich

CONTRACT MANAGEMENT2:00 Ensuring vendor performance and tighter contractual compliance post- procurement • Drafting review and key dates and KPI’s throughout the contract period to ensure they are on track/met • Addressing non– compliance and adherence with contract schedules or rates • How to ensure enforcement and authority over vendor deliverables and contractual obligations by outlining clear and unambiguous deliverables • Disciplined and timely administration, documentation and records keeping • Mitigating and managing contractual liabilities regarding sub- contract management and procurement Fiona Borrelli, Lawyer, Allens Linklaters

2:40 Afternoon Tea

3:10 Highlighting the key areas of risk when terminating a contract • Understanding which breaches justify termination of your contract • Examining the legal complications of repudiatory conduct with current case law examples • Clarifying the options for early termination in contracts • Exploring “Is failure to pay” a valid reason for termination of contract • Examining effective remedies and realistic damages when contracts are breached, and performing a cost-benefit analysis St John Frawley, Partner, Thomson Geer

3:50 ROUNDTABLE DISCUSSION Examining flexibility in contracts • Considering why contracts should have in-built flexibility • Designing your contracts with flexibility in mind • Practical drafting tips for increasing flexibility without increasing risk • Ensuring verbal agreements are followed up with written advice for urgent services/works procured prior to contract finalization • Allowing for contractual amendments and ensuring due process Facilitated by Chair

4:30 Closing remarks from the Chair and conference adjourns

4

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BRISBANE28th July 2014Stamford Plaza 39 Edward StPh: +61 7 3221 1999

1 Day Seminar

PS 16 by Special News May 2014 06 June 2014 27 June 2014

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SYDNEY29th July 2014Sir Stamford Circular Quay93 Macquarie StPh: +61 2 9252 4600

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