ALB Masterclass series - Drafting Indemnities workshop

5 May 2010 - Stamford Plaza, cnr of Edward and Margaret Streets, Brisbane
19 May 2010 - Stamford Plaza, 111 Little Collins Street, Melbourne
26 May 2010 - Sir Stamford at Circular Quay, 93 Macquarie Street, Sydney

All sessions run from 1.30pm - 4.30pm (Includes 20min refreshment break)

Highlights

• Understand effective negotiating techniques to ensure your indemnity clauses are 
  correctly drafted
• Examine the effects of existing case law and how to utilise it in your contracts
• Hands-on practical drafting: ensure contract enforceability with easily transferable skills you 
  can use today

Please contact Michael Cullen at michael.cullen@keymedia.com.au for further information.

Click on the image to download a copy of the latest brochure

       Brisbane                       Melbourne                      Sydney

Agenda
(This agenda varies across each state. To view the agenda specific for your state, please use the brochures above)

Effectively negotiate indemnity clauses during contractual negotiations
• Define if indemnity clauses are the correct clause to use
• Ensure the indemnity adds value to the contract
• Clarify the dangers of reciprocal indemnities: are you exposing your clients to increased risk of losses?

Current case and clause examples: uncover and overcome commonly overlooked problem areas
• Cases to be examined include:
   - Andar Transport Pty Ltd v Brambles Ltd [2004]
   - Pacific Carriers Ltd v BNP Paribas [2004]
   - Examining the principles of construction for indemnity clauses (Andar Transport Pty Ltd v Brambles - HC - 2003 - indemnity construed against indemnifier where ambiguity;  reference to what a reasonable person in the position of the indemnified party would have understood: Pacific Carriers v BNP Paribas - HC 2003)

Examining the principles as applied in Erect Safe Scaffolding v Sutton [2008] NSWCA
• Comparing the indemnity to contractual damages as afforded through common law or statute
• Clarifying objectives of indemnities, including the quantum of damages, mitigation and limitation periods

Practical drafting: drafting to ensure contract enforceability
• Utilise the correct types of risk allocation in commercial contracts
   - Indemnities v warranties and exclusions of liability clauses
• Explore specific issues relating to the scope and extent of liability clauses
   - Examining joint and several obligations
   - Understanding the right to contribution and presumption of equal responsibility
   - Construction of indemnities reviewing Darlington Futures v Delco Australia