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 [...]
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So far Michael Lockhart has created 68 blog entries.
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 [...]
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 [...]
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 [...]
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 [...]
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, 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 [...]
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 [...]
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 [...]