In a recent seminar address at the Australian Disputes Centre (“ADC”), the Honourable Chief Justice of New South Wales, Tom F Bathurst AC discussed several issues regarding advocate’s immunity in the context of alternative dispute resolution (“ADR”). In his address, the Chief Justice referred to two recent High Court decisions where the scope of the advocate’s immunity was tested: see Attwells v Jackson Lalic Lawyers Pty Ltd, and Kendirjian v Lepore. In light of the comments by Bathurst CJ at [...]
Dispute resolution practitioners and party advisors each play an important role in dispute resolution (DR) processes. To be effective, it is essential that practitioners and party advisors are perceptive, adaptable and flexible, to develop processes specifically designed for the parties and circumstances of a particular dispute. Deciding which process or processes are most appropriate for a particular dispute can be one of the most challenging aspects of working in DR. The key question to consider in making this decision is: [...]
Tribunal secretaries can make proceedings faster, cheaper, and, in some respects, can protect the integrity of the resulting award. They do this by lessening the tribunal's administrative burden, allowing it to concentrate on its core work of considering the dispute and coming to a decision. Despite these potential benefits, the position of tribunal secretary has attracted a degree of criticism, at the heart of which is the fear that a secretary will exercise the tribunal's decision making power. A recent [...]
Are you prepared to work until you’re 70 and will your retirement savings enable you to live with comfort into your 90s? An ageing population with a greater life expectancy Over the past 50 years there has been a profound shift in the age distribution of the Australian population. We have moved from being a relatively youthful nation, to being one where the number of older people is rapidly growing. From 1970 to 2016, the proportion of the Australia population [...]
8th ASIA PACIFIC MEDIATION FORUM CONFERENCE The Future of Mediation in the Asia Pacific Region Da Nang Vietnam 11th-13th November 2017 The Asia Pacific Mediation Forum (APMF) Executive and Vietnam Conference Organising Committees invite potential conference presenters to submit a 300 word biography and a 500 word abstract of a proposed conference paper, workshop or poster by July 10th, 2017. All presenters will be required to register and pay for the conference. The link to the soon to be launched [...]
INVITATION: Survey on the Use of International Commercial Arbitration in Australia’s Trade and Commercial Practice
Visit ACICA's Website HERE to take the survey.