About Michael Lockhart

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So far Michael Lockhart has created 68 blog entries.

Lainson Holdings Pty Ltd v Duffy Kennedy Pty Ltd [2019] NSWSC 576

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’).[1] 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 [...]

Lainson Holdings Pty Ltd v Duffy Kennedy Pty Ltd [2019] NSWSC 5762019-12-23T08:22:51+11:00

ADR Address, Supreme Court of South Australia 2019

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 [...]

ADR Address, Supreme Court of South Australia 20192019-12-19T09:35:04+11:00

ADR Address, Supreme Court of NSW 2019

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.

ADR Address, Supreme Court of NSW 20192019-12-19T09:22:11+11:00

Vale Gavin Dallow

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 [...]

Vale Gavin Dallow2019-12-19T08:36:11+11:00

RECOGNISING HIS HONOUR JUSTICE TERRENCE SHEAHAN AO

BENCH FAREWELL CEREMONY 16 August 2019 On his retirement as a respected Judge of the Land and Environment Court, His Honour Justice Terrence Sheahan AO leaves a lasting legacy in both the judicial system and in the field of ADR. Including establishing the Australian Commercial Disputes Centre (now ‘ADC’) in 1986 as Attorney General of NSW, Justice Sheahan has played a pivotal role in introducing and advocating for non-adversarial, alternative dispute resolution (‘ADR’) processes within Australia’s legal system. On [...]

RECOGNISING HIS HONOUR JUSTICE TERRENCE SHEAHAN AO2019-10-22T11:53:27+11:00

Aboriginal Rights, Interests & ADR – A new Epoch?

Seminar, 5 September 2019 By Gigi Lockhart, Dispute Resolution Associate and Zuzanna Cieplinska, ADC/ACICA Intern On 5 September 2019, The Australian Disputes Centre (‘ADC’) hosted an in-depth seminar on the bourgeoning significance of Alternative Dispute Resolution (‘ADR’) in resolving matters that involve Australia’s Aboriginal and Torres Strait Islander (‘ATSI’ or ‘First Nations’) communities. The value of ADR in resolving disputes related to a broad range of issues across First Nations communities can be attributed, amongst other things, to its [...]

Aboriginal Rights, Interests & ADR – A new Epoch?2019-10-22T09:29:45+11:00

Resolving Belt and Road Disputes through Alternative Dispute Resolution

By Zuzanna Cieplinska, ADC/ACICA Intern LLB of International and European Law, The Hague University of Applied Sciences With the launch of the 21st Century Maritime Silk Road, and the Silk Road Economic Belt, ‘One Belt, One Road’ initiative (‘OBOR’), the need for ADR has never been more critical. International economic cooperation among countries on the Belt and Road routes are aimed at financial integration, trade growth and investment opportunities, and policy integration. Disputes are an inevitable upshot of pursuing [...]

Resolving Belt and Road Disputes through Alternative Dispute Resolution2019-10-21T17:15:39+11:00

The importance of Deepwater Horizon for the integrity of the arbitral process

By Zuzanna Cieplinska, ADC/ACICA Intern LLB of International and European Law, The Hague University of Applied Sciences                             Introduction The matter of transparency in arbitral appointments still raises many concerns in the international arbitration arena. Soon, the UK Supreme Court will hear an appeal from Halliburton Company v Chubb Bermuda Insurance Ltd[1], known as the ‘Deepwater Horizon’ case. The appeal concerns issues relating to the acceptance of appointments in multiple references concerning the same or overlapping subject matter with [...]

The importance of Deepwater Horizon for the integrity of the arbitral process2019-10-21T17:15:50+11:00

Grahame Berecry Obituary

Grahame John Berecry was born on 18 August 1947 and grew up in the North Sydney area. He completed his schooling at Marist Brothers Mosman and received his Leaving Certificate in 1964. Following the path of many before him, Grahame embarked upon a career in the public service, joining what was then the Petty Sessions branch of the Department of the Attorney-General in 1965. The challenging and varied work of the clerks in the Petty Sessions courts was considered [...]

Grahame Berecry Obituary2019-10-17T11:53:03+11:00

Supreme Court of Northern Territory ADR Address 2019

The Interaction Between the Courts and Alternative (or Assisted) Dispute Resolution The Honourable Chief Justice Grant We are delighted to share with you His Honour’s full Address. Speaking at the inaugural Supreme Court of the Northern Territory ADR Address, Chief Justice Michael Grant considered the meaningful relationship between courts and alternative dispute resolution methods in resolving disputes. Recognising the significance of ADR, His Honour stated that “Courts would be quickly overrun if ADR was to cease”. With advances in technology [...]

Supreme Court of Northern Territory ADR Address 20192019-09-21T11:33:55+10:00

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      January 20, 2021
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    Essential Accreditation/s for today’s Mediators  ADC’s ‘Online Mediation Accreditation’ Industry Approved Pathway to Australian National Mediation Accreditation (NMAS) Internationally Approved by the Chartered Institute of…

  • 35th Anniversary Mediation Course #2 - January 2021
    • Days 1 - 3
      January 20, 2021 - January 22, 2021
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      January 27, 2021 - January 28, 2021
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    Mediator Accreditation ADC’s trained mediators, seeking recognition under the Australian National Mediator Accreditation System (NMAS), may undertake its 1-day Accreditation program. Please register separately for the Accreditation…

  • Online - Conflict Resolution & ADR
    • Conflict Resolution & ADR Training
      January 20, 2021
      9:30 am - 4:30 pm

    Have you ever thought ‘I could have managed that conflict situation better’? Or even better still, avoided it before it began! Conflict can occur in any contractual and personal…

  • Mediation Refresher Training - Online
    • One day Mediation Refresher Training
      January 27, 2021
      9:30 am - 4:30 pm
    • One day Mediation Refresher Training
      January 28, 2021
      9:30 am - 4:30 pm

    This one day programme is intended for candidates preparing for accreditation or re-accreditation, mediators seeking to complete their CPD requirements and those seeking an opportunity…