As its contribution to Australian Arbitration Week 2019, on 20 November ADC presented an in-depth seminar on the bourgeoning area of bi-lateral trade between India and Australia, and the need to further develop cross-border ADR expertise. ADC thanks its distinguished Panel for their insights, and all our hosts for presenting this seminar in nine cities across Australia and India. We look forward to Googlies 2.0 in 2020! For a full transcript of the Panel’s insights CLICK HERE »
It is with such sadness that ADC has learned that our dear colleague Peter Irving has passed away. Peter was a Nationally Accredited Mediator, a registered Family Dispute Resolution Practitioner and a retired solicitor. Peter became a mediator in 1989 and mediated a variety of disputes including commercial, family law and personal injury. Peter was a Past President of ADRA and a longstanding coach as part of the training faculty for ADC's Mediation Training Course, a role which allowed him to bring [...]
Rachnita Sok ADR has always been my area of interest and my time at the ADC allowed me to further explore the procedure and practicality of mediation. I had the opportunity to prepare for and to witness several mediation accreditation training sessions by being tasked to participate in role plays as part of the training where I got to meet respected judges and highly-experienced mediators. Additionally, I co-wrote articles for the ADC's bulletins which allowed me to polish my [...]
The Cybersecurity Protocol of International Arbitration is the end product of a two year collaboration by a working group on cybersecurity comprising of the representatives of the International Council of Commercial Arbitration (ICCA), the New York City Bar Association (City Bar), and the International Institute for Conflict Prevention & Resolution (CPR). The purpose of the Protocol is: To provide a framework to determine reasonable information security measures for individual arbitration matters, and To increase awareness about information security in [...]
The NSW Supreme Court recently clarified the role of experts appointed under expert determination clauses in Lainson Holdings Pty Ltd v Duffy Kennedy Pty Ltd (‘Lainson Holdings’). The decision confirms that experts are not required to determine disputes free of substantive legal error. The Facts Lainson Holdings Pty Ltd (‘Lainson’) and Duffy Kennedy Pty Ltd (‘Duffy’) entered into a building contract (supported by a deed), under which a dispute arose over the payment of bank guarantees as securities. Lainson [...]
Gun Licenses, child protection and disciplining doctors: what role has ADR to play The Hon. Justice Judy Hughes On 23 October 2019, The Hon. Justice Judy Hughes captivated a large Adelaide audience with her address on the role of ADR in adjudicative processes, where a decision-maker is required to determine where the public interest lies. As President of the South Australian Civil and Administrative Tribunal, Supreme Court Judge and prior Crown Solicitor, Justice Hughes’ immense experience and invaluable insights prompted much discussion, and advanced many attendees thinking on this [...]
Conflicts of Interest in Commercial Arbitration Her Excellency The Honourable Margaret Beazley AO QC Governor of New South Wales Recognising and responding to both real and perceived conflicts of interest is central to maintaining confidence in commercial arbitration, and indeed all ADR processes. Her Excellency’s ADR Address of 3 Oct 2019 is a must read for all lawyers and ADR practitioners and you can download it in PDF format here.
It is with great sadness that we received the news of our recent alumnus Gavin Dallow’s passing during the recent volcanic eruption on White Island, New Zealand. In tragic circumstances, the eruption also claimed the life of his step-daughter Zoe, and has left his wife Lisa in a critical condition. The Australian Disputes Centre had the great pleasure of first meeting Gavin at our mediation training program in Darwin in early 2019. A long-time employee of the Courts Administration [...]