About Michael Lockhart

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So far Michael Lockhart has created 69 blog entries.

The use of expert conclaves

By Vicky Ioannides  (Business Development Director, DTI) and Leopold Lucas (Business Development Representative, DTI) Joint conferences, or expert conclaves, are increasingly being used to ensure the “just, quick and cheap resolution of disputes” in accordance with the Civil Procedures Act 2010. These reports are often integral to the success or failure of a trial. The basis of the process is to gather together all the experts in one place and allow them to discuss the matters for consideration prior to the [...]

The use of expert conclaves2019-09-21T11:34:05+10:00

Case note: In the matter of Infinite Plus Pty Ltd [2017] NSWSC 470

In a recent decision,1 the Supreme Court of New South Wales ordered that court proceedings between shareholders in a Taiwanese bubble tea company be stayed in favour of UNCITRAL Rules arbitration at the Hong Kong International Arbitration Centre. The dispute arose between two shareholders of Infinite Plus, an Australian company that acts as franchisor for the publicly-listed Taiwanese bubble tea company, La Kaffa International Co Ltd (La Kaffa Taiwan), operating under the brand "ChaTime". One of the shareholders, Yang Yang [...]

Case note: In the matter of Infinite Plus Pty Ltd [2017] NSWSC 4702019-09-21T11:34:05+10:00

Design in Dispute Resolution Practice: Tips and Tools

Effective dispute resolution (DR) processes must fit the unique circumstances of a dispute and the particular needs and dynamics of parties. DR practitioners must be mindful of these complex variables when designing the process. This article outlines practical tips and tools for DR practitioners in designing effective DR processes, and considers the important role of party advisors in assisting their clients. It provides a useful table outlining various process elements that can be considered and adjusted by practitioners and advisors. [...]

Design in Dispute Resolution Practice: Tips and Tools2019-09-21T11:34:06+10:00

Remembering David Newton

  To those that knew David professionally, he was a quiet achiever who genuinely and wholeheartedly believed in the mediation process. He was happy to simply focus on doing quality work. He was considered and detailed, and he showed himself to be highly competent in addressing complex legal issues and in designing creative dispute resolution processes. He had the respect of his colleagues both in Australia and across the globe. David was one of Australia’s pioneer commercial mediators. In 1986 [...]

Remembering David Newton2019-09-21T11:34:08+10:00

Indonesia-Australia dispute resolution options: efficacy, operation and challenges

By Deborah Lockhart and Katlyn Kraus Originally published in: LexisNexis | Australian Alternative Dispute Resolution Law Bulletin Indonesia is the third largest democracy in the world and as the largest of the Association of Southeast Asian Nations (ASEAN), it is an increasingly significant economic and regional partner for Australia. Particularly important for both nations is the two-way trade of goods and services, which continues to rise each year. In 2014, that trade exceeded $15.6 billion. Austrade estimates that there are over 400 [...]

Indonesia-Australia dispute resolution options: efficacy, operation and challenges2019-09-21T11:34:10+10:00

Celebrating 30 years

Dear Friends, Colleagues and Alumni Happy New Year! We wish you much happiness and prosperity in 2016 and thank you for your tremendous support over the past 30 years! In January 1986: INTERNATIONAL MILESTONE January 1 - International Year of Peace is proclaimed AUSTRALIAN MILESTONE January 2 - Australian Disputes Centre is incorporated Celebrating 30 Years Stay tuned… for dazzling events throughout 2016 as we celebrate the Australian Disputes Centre’s 30 years dedicated to advancing access to timely, cost-effective and [...]

Celebrating 30 years2016-01-08T07:50:28+11:00

Do Many of Australia’s Bilateral Treaties Really Not Provide Full Advance Consent to Investor-State Arbitration?

Nottage, Luke R., Do Many of Australia’s Bilateral Treaties Really Not Provide Full Advance Consent to Investor-State Arbitration? Analysis of Planet Mining v Indonesia and Regional Implications (April 14, 2014). Transnational Dispute Management, 2014, Forthcoming; Sydney Law School Research Paper No. 14/39. Available at SSRN: http://ssrn.com/abstract=2424987

Do Many of Australia’s Bilateral Treaties Really Not Provide Full Advance Consent to Investor-State Arbitration?2019-09-21T11:34:11+10:00

Upcoming Events

  • 35th Anniversary Mediation Course - January 2021 (Full)
    • Days 4 - 5
      January 18, 2021 - January 19, 2021
      9:30 am - 4:30 pm

    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…

  • Mediation Refresher Training - Online
    • One day Mediation Refresher Training
      January 18, 2021
      9:30 am - 4:30 pm
    • One day Mediation Refresher Training
      January 19, 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…

  • Online Mediation Accreditation Day
    • Online Mediation Accreditation Day
      January 20, 2021
      9:00 am - 4:30 pm

    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
      9:30 am - 4:30 pm
    • Days 4 - 5
      January 27, 2021 - January 28, 2021
      9:30 am - 4:30 pm

    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…

  • Online Mediation Accreditation Day
    • Online Mediation Accreditation Day
      January 29, 2021
      9:30 am - 4:30 pm

    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…

  • Online - Conflict Resolution & ADR – February 2021
    • Conflict Resolution & ADR Training
      February 11, 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…

  • Online Mediation Training – February 2021
    • Days 1 - 2
      February 11, 2021 - February 12, 2021
      9:30 am - 4:30 pm
    • Days 3 - 4
      February 18, 2021 - February 19, 2021
      9:30 am - 4:30 pm
    • Day 5
      February 25, 2021
      9:30 am - 4:30 pm

    We are thrilled to bring you ADC's Mediation Training & Accreditation Choose the ADC difference; up-skill now to accelerate your career in 2021! How do…

  • Online Mediation Accreditation Day – February 2021
    • February 18, 2021
      9:00 am - 4:30 pm

    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…