Supreme Court of New South Wales – ADR Address 2023

“Cross-fertilisation of international commercial arbitration, investor-state arbitration and mediation: The good, the bad and the ugly?”   PRESENTED BY:  Luke Nottage PhD, LLD  Professor of Comparative and Transnational Business Law, Sydney Law School Download a transcript of the address here (Word document) Download the Powerpoint presentation here

10th Anniversary ADC Schools Debating Competition

On Thursday November, Australian Disputes Centre hosted its 10th annual Schools Debating Competition. We were honoured to be joined by 42 participating students from 9 different independent and government schools. All students participated in three rounds of both debating and impromptu speaking throughout the day, and our organisers and judges were consistently very impressed by the high standard of speaking from all participating students. This year, ADC introduced an exciting new one-day format for the competition, which was held [...]

Criminal Justice and Alternative Dispute Resolution

by Karen Mak Introduction Alternative Dispute Resolution (ADR) is commonly used in civil justice. It comprises a range of processes other than judicial determination, including mediation, conciliation, and arbitration, where an independent, third person helps parties resolve disputes.[1] In the criminal justice context, restorative justice - a concept closely associated with ADR - seeks to provide solutions to crime beyond the traditional disciplinary model. It focuses on promoting reconciliation, repairing [...]

Australia’s new Unfair Contract Terms Regime has commenced – time for head contractors and principals to review and update their contracts for compliance

by Sean Marriott (Counsel, Clifford Chance) and Lydia Low (Associate Clifford Chance) As of 9 November 2023, the Treasury Laws Amendment (More Competition, Better Prices) Act 2022 (Cth) significantly broadened the Australian unfair contract terms regime such that where: there is a consumer or small business contract; the contract is based on a standard form; and a term in the contract is unfair, the term will be void and the responsible [...]

Family Dispute Arbitration in India: A Dual Layer Protecting the Privacy and the Sacred Union

By Intisar Aslam* Marriage is a sacred union between two spouses in India. It is a sacrament under Indian Hindu Law. It is a social institution: an indissoluble and eternal institution of memories and experiences. However, no marriage is immune to disputes between the two spouses. The only fine line that protects or breaks this union is the line of divorce. The importance accorded to the dignity and reputation of a [...]

Case Note – North West Pilots WASCA [2023]

by Mark Van Brakel and Simon Bourke, Allen & Overy Case note on NORTH WEST PILOTS PTY LTD as trustee for the PORT HEDLAND PILOTS UNIT TRUST trading as PORT HEDLAND PILOTS -v- DANIEL [2023] WASCA 122 Australian Court allows parties to an arbitration agreement to engage in curial proceedings provided the issues in dispute do not arise out of same contract The Western Australian Court of Appeal has [...]

The ‘big’ place for small claims: an enquiry into the importance and ongoing role of Australia’s tribunals

by Gigi Lockhart, Solicitor, DLA Piper and Mri Shankarla, Graduate, DLA Piper Introduction Despite lacking a precise or agreed definition[1] (beyond that it is not a court) tribunals have long maintained their status as significant and unique institutions in the Australian legal landscape. In Australia, tribunals exist dichotomously at both the Commonwealth and State or Territory levels and as such, hold varied powers and functions. For instance, Commonwealth tribunals [...]

A comparative study on the recent development of international arbitration between Hong Kong and Australia in the past decade

by Grace Wong Wing Huen[1] Introduction This article aims to build upon and update a comparative study conducted in 2014, ‘International Commercial Arbitration in Asia: Hong Kong, Australia and India Compared’ by Jack Wright Nelson, by examining the recent developments of international arbitration in Hong Kong and Australia. Through considering historical contexts and key areas of difference in jurisdictions, Nelson posits Hong Kong as a “Tier 1 international arbitration hub” due to a supportive government and judiciary, characterised by [...]

How Stakeholders Can Utilise Interdisciplinary Research to Better Resolve Environmental Disputes – A Case Study

by Deborah Lockhart and Grace Wallman[1] Introduction Confining discussion of mediation to its benefits in family or commercial settings would be to omit one of the most important roles that ADR is likely to play throughout the next century - its potential for effectively resolving environmental disputes. In the past year alone, humanity has experienced the devastating impacts of our changing climate - from wildfires in Maui, to life-threatening heat waves and drastically decreasing biodiversity in the Antarctic, and [...]

Upcoming Events

  • Australian ADR Conference I Awards Gala Dinner
    • Australian ADR Conference & Cocktail Reception - THE MINT - 10 Macquarie St, Sydney, 2000
       March 21, 2024
       8:45 am - 5:00 pm
    • 8th Annual Australian ADR Awards Gala Dinner - THE AUSTRALIAN GOLF CLUB - 53 Bannerman Cres, Rosebery, 2018
       March 22, 2024
       6:30 pm - 10:30 pm

       Registrations for the Conference and Gala Dinner have closed. Please email ADR@disputescentre.com.au if we can be of assistance.

  • ADR Conference & Cocktail Reception 2024 – Special Discount
    • Australian ADR Conference & Cocktail Reception
       March 21, 2024
       8:45 am - 5:00 pm

      All Tickets have Sold.

  • Online Mediation Training – April 2024
    • Days 1 - 3
       April 17, 2024 - April 19, 2024
       9:30 am - 4:30 pm
    • Days 4 - 5
       April 22, 2024 - April 23, 2024
       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 2024! Become a…

  • Online - Conflict Resolution & ADR - April 2024
    • Conflict Resolution & ADR Training
       April 17, 2024
       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 – April 2024
    • One day Mediation Refresher Training
       April 22, 2024
       9:30 am - 4:30 pm
    • One day Mediation Refresher Training
       April 23, 2024
       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…

  • Mediation/Conciliation Accreditation Day – April 2024
    •  April 24, 2024
       9:30 am - 4:30 pm

    Essential Accreditation for Mediators and Conciliators ADC Mediation/Conciliation Training participants (only), who are seeking formal recognition of their skills are eligible to enrol in ADC’s…

  • Complaints Handling Training - April 2024
    •  April 30, 2024
       9:30 am - 4:30 pm

    Do you handle complaints or deal with difficult clients? Managing complaints effectively is essential for the success of any business, government department or not-for-profit organisation. …

  • Facilitating Difficult Discussions – May 2024
    •  May 2, 2024
       10:25 am - 5:25 pm

    If you've ever searched for what to say and how to say it then this is the course for you! Facilitating Difficult Discussions is intended for anyone who…

  • Online Mediation Training – May 2024
    • Days 1 - 3
       May 8, 2024 - May 10, 2024
       9:30 am - 4:30 pm
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       May 13, 2024 - May 14, 2024
       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 2024! Become a…

  • Online - Conflict Resolution & ADR - May 2024
    • Conflict Resolution & ADR Training
       May 8, 2024
       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…

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