Event Phone: +61 2 9239 0700
Off with the wig: Issues that arise for advocates when switching from the courtroom to the negotiating table
The Honourable Chief Justice Tom Bathurst AC
As litigation and mediation are increasingly being used interchangeably as part of the one process rather than as independent methods of dispute resolution, and as the reliance on advocates in mediation increases, the situations in which legal professionals will see themselves having to perform alternating and sometimes contradictory roles is bound to increase. This speech will discuss the issues that arise when advocates move from representing clients in adversarial litigation to non-adversarial mediation. In particular, issues such as the extent of advocate’s immunity and the competing ethical duties will be explored.
The Honourable T F Bathurst AC
17th Chief Justice of New South Wales
Thomas Frederick Bathurst was appointed Chief Justice of New South Wales on 1 June 2011.
Graduating with degrees in Arts and Law from the University of Sydney in 1971, he went on to practise as a solicitor in 1972. He was admitted as a barrister in 1977, specialising in corporate law and litigation and was appointed Queen’s Counsel in 1987. His considerable experience in corporate law saw his appointment as a member of the Australian Government’s Takeovers Panel (2006-2011).
Prior to his appointment to the bench, the Chief Justice served as President of both the Australian Bar Association (2008-2010) and the New South Wales Bar Association (2009-2011), the Executive Committee of which he was a member from 2002.
The Chief Justice was made a Companion of the Order of Australia in the Queen’s Birthday Honours List in 2014.