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ADC Bulletin - Issue 24 - October 2019
CONTENTS:
Word from the CEO
Thought Leadership
Dates for Your Diary
Vale Grahame Berecry
Summer Training
Venue Hire
Word from the CEO
My warm thanks to Her Excellency the Honourable Margaret Beazley AO QC for presenting the 2019 ADR Address, ‘Conflicts of Interest in Commercial Arbitration’ at the Supreme Court of New South Wales on 3 October. It was a tremendous evening with Her Honour providing significant insights into the nature of commercial arbitration.
ADC is also honoured to have The Hon. Justice Judy Hughes presenting the ADR Address at the Supreme Court of South Australia on 23 October. Her Honour’s Address ‘Gun licences, child protection, and disciplining doctors: what role has ADR to play?’ will focus on the interface of ADR and public policy.
Many of you would have known and admired the late Grahame Berecry. I came to know him as a welcome face and highly regarded mediator here at the Centre. One of his closest friends and colleagues, Paul Studdert, pays tribute to Grahame in this edition of the Bulletin. We have also included a note of thanks from Grahame’s widow Beatrix Varga, to all friends and colleagues.
I would like to add ADC’s voice to the chorus of congratulations to The Hon. Terry Sheahan AO on his recent retirement from the Land and Environment Court. A visionary and early adopter of ADR, Terry has
remained an unwavering supporter or ADR processes, since he established ADC (then ‘ACDC’) in 1986 as Attorney General of NSW. Thank you Terry for your significant contributions to our justice system and our community.
Australian Arbitration Week starts in Brisbane on 18 November. The week will deliberate on the broad-reaching nature of arbitration with a wide range of events. ADC is hosting its event on 20 November: ‘Beyond Googlies & Cricket: India and Australia Trade, Investment, and Successful Dispute Resolution’ with four leading experts in the sector. The Panel will beam out through an international simulcast. If you can’t be in Brisbane on the day, I encourage you to connect with the event being hosted in your city.
Summer is a great time to catch your breath, and prepare for 2020. ADC is running its successful Summer Training Program; this year in Canberra, Hobart, Melbourne, Adelaide and Sydney. All the details are on the website. We hope that you can join us!
Best Regards,
Deborah Lockhart
Supreme Court of New South Wales ADR Address 2019: ‘Conflicts of Interest in Commercial Arbitration’
Her Excellency The Honourable Margaret Beazley AO QC
ADC was honoured to have Her Excellency present the 2019 ADR Address at the Supreme Court of NSW on 3 October. Maintaining business, community and legal confidence in the processes of ADR is central to their efficacy. Her Excellency’s thoughtful and thorough consideration of Conflicts of Interest in Commercial Arbitration offered all ADR practitioners much food for thought in their daily work. ADC will publish Her Excellency’s ADR Address in the next edition of the Bulletin.
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ADC extends its congratulations and thanks to The Honourable Terence Sheahan AO
The Hon. Terry Sheahan’s recent retirement as a Judge of the Land and Environment Court is an opportunity for us all to congratulate him on his significant contributions in the justice system and the field of ADR.
Since establishing the Australian Disputes Centre (formerly ‘ACDC’) in 1986, when Attorney General of NSW, he has played a pivotal role in advocating for and introducing non-adversarial, alternative dispute resolution processes into Australia’s legal system. His implementation of a blended conciliation/arbitration process at the Workers Compensation Commission further highlights his continual emphasis on effective and efficient dispute resolution.
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Aboriginal Rights, Interests & ADR –
A New Epoch?
Helen Shurven, Stephen Wright & Tony McAvoy SC
On 5 September 2019, ADC hosted an expert seminar on the rapidly expanding use of ADR processes in Aboriginal and Torres Strait Islander communities. Our experts discussed the value of ADR in helping resolve disputes impacting First Nations communities including its flexibility, cultural openness and self-determined outcomes, and the future of ADR and agreement-making in a fluctuating national political landscape. READ MORE »
If you missed the event, you can also access the video online HERE »
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Taiwanese Judiciary visit Australia and learn about the centrality of ADR in our legal system
On 11 October 2019, ADC was delighted to host a delegation of 10 Taiwanese judges from the Local, High and Supreme Courts of The Republic of China. The Judges’ visit focused on the history and success of ADR mechanisms in Australian courts and across all sectors of society, as well as future opportunities and challenges. Over Taiwanese tea there was a chance to exchange experiences with the judges. Our thanks to the Judges Academy of Taiwan and to the Judicial Commission of NSW for arranging this visit.
Vale Grahame Berecry
Grahame Berecry, Mediator, Barrister and former Supreme Court Registrar passed away on January 30, 2019 at the age of 71. Graham’s deep commitment to the law, social justice and the development and practice of mediation, left an indelible mark on the legal profession and the field of ADR. We recognise Grahame’s significant contributions to our civil society as well as his warm friendship.
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Message of Thanks from Beatrix Varga
The family of the late Grahame Berecry wishes to thank his friends and colleagues who attended his funeral or who sent flowers, cards or other condolences, or who helped or supported us in any way during his illness and death. These expressions of affection, respect and support meant a lot to our family and we know that Grahame would certainly have appreciated it. He loved and respected the legal fraternity and viewed you as part of his extended family. Some of you were also close friends of Grahame. We are truly grateful for your friendship and support. Also, given the difficulty in identifying and reaching all of Grahame's colleagues we would be most grateful if you could help us by forwarding this "Thank You" message onto anyone who knew Grahame but who is not a recipient of the ADC Bulletin. God Bless!
6th Annual Debating Competition
Congratulations and Thank You!
The ADC Schools Invitational Debating Competition offers a unique opportunity for Sydney’s Year 10 students to learn the art of debating in mixed-school teams. ‘The 4th Speaker’, was our winning team in 2019, comprising of students Hayden Lam (Alexandria Park Community High School), James Maros (Scots College), Angus McFadden (Christian Brothers Lewisham High School) and Holly Yang (Abbotsleigh). Congratulations to our winners and to all participants for their tremendous work in 2019!
ADC extends its special thanks to Mrs Geri Ettinger for her inspiring Grand Final Address, to our Chief Adjudicator, Barrister Michael Swanson, and to all the young lawyers who generously provided pro bono coaching and adjudication.
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The ADC Team Crosses the finish line in Sydney’s City2Surf 2019
The ADC team ‘Speedy Dispute Resolvers’ put on their running shoes to join in the August 2019 City to Surf. We all made it to the finish line in respectable times; quite an achievement! A great cause with thousands of people turning out, music along the way and a fantastic atmosphere. We will definitely be in training for next year's race, and we hope that you can join us!
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Afghanistan’s National Institute of Music
All-female Zohra Orchestra
To celebrate the 100th anniversary of Afghanistan’s reclamation of Independence, and the 50th anniversary of Afghanistan-Australia diplomatic relations, Afghanistan’s first all-female orchestra performed at the Sydney Opera House on 14 October. The co-educational music school, founded by Afghan-Australian Dr Ahmad Sarmast, uses music as a cultural bridge to promote an environment of mutual respect and peace building. Our thanks to the Ambassador of Islamic Republic of Afganistan, His Excellency Wahidullah Waissi for hosting this inspiring event.
Supreme Court of South Australia
ADR Address 2019
23 October 2019
The Honourable Justice Judy Hughes
We are honoured to have Justice Hughes present the ADR Address 2019 at the Supreme Court of South Australia, recognising the important role of Alternative Dispute Resolution in the work of the Court, and her thought leadership in deepening the understanding, development, and practice of ADR processes.
Registration is Free. CPD Points Apply.
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Beyond Googlies & Cricket: India and Australia Trade, Investment, and Successful Dispute Resolution
20 November 2019
Register Early to Attend this Free Event in a City Near You»
With rising bi-lateral trade and investment between Australia and India, our expert panel considers the role of ADR in helping this business thrive! Please grab this great opportunity to network in a relaxed atmosphere with legal and ADR practitioners and members of the Australia India Business Council. Thank you to all of our generous hosts.
‘Beyond Googlies & Cricket’ is simulcast live to key cities in Australia and India as part of Australian Arbitration Week, Brisbane 2019. CPD Points Apply.
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What else is happening during
Australian Arbitration Week 2019
Brisbane | 18-22 November
For more information click HERE »
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Dispute Resolution and the Abrahamic Faiths
Simulcast Across Australia
Revised Date – 19 March 2020
Little can be more important to societal cohesion, and yet there is too much we fail to understand. Effective dispute resolution is a cornerstone of strong intra-faith and inter-faith community relationships. From Australia’s boardrooms and backyards, to the challenges of the Middle East and beyond, join our distinguished Panel of Clerics in discussing:
- What can we learn from others of Abrahamic faiths?
- What works well? What are the concerns, sensitivities, challenges?
- What is the role of ADR in faith disputes?
- How can ADR help bridge faith divides?
- What more can dispute resolution professionals do to support faith communities?
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Looking for National or
International Conferences?
Find lists and links on the ADC website HERE »
Resolving Belt and Road Disputes through Alternative Dispute Resolution
With the launch of the 21st Century Maritime Silk Road, and the Silk Road Economic Belt, the need for ADR is expanding. In 2018 financial disputes related to Belt and Road initiatives were the largest category of disputes at the China International Economic and Trade Arbitration Commission (CIETAC). With such an intense growth in issues arising, the need for ADR facilitation is greater than ever. But what is the most suitable model of ADR for Belt and Road disputes?
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The Importance of Deepwater Horizon for the Integrity of the Arbitral Process
The matter of transparency in arbitral appointments still raises many concerns in the international arbitration arena. In the upcoming landmark case Halliburton Company v Chubb Bermuda Insurance Ltd before the UK Supreme Court, issues such as whether an arbitrator can accept appointments involving the same or overlapping subject matter with a common party, and their disclosure obligations, will be considered. This article discusses this potentially game-changing appeal in more depth. READ MORE»
Congratulations to our Class of September 2019, Adelaide
It’s not only the champagne! Choosing ADC as a leading trainer of mediation skills. What participants are saying:
"The trainers were brilliant and had a wealth of knowledge, explaining issues in a practical manner."
"The commitment of the staff and coaches means that the skills and knowledge is conveyed with empathy – a good investment."
"The expertise of instructors, diversity of participants and knowledge and format of the training."
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Build your Conflict Capability
Effectively resolving conflict is essential for business and personal success. Make a difference to your organisation, your career and relationships with ADC’s highly acclaimed one-day Conflict Resolution & ADR training program:
We are excited! ADC is continuously upgrading the Centre, and we have new hearing room furniture on the way. Speak with us about booking your arbitrations and mediations today!
More great reasons for booking rooms at ADC:
- It’s a neutral space
- Custom designed for mediations and arbitrations, including spacious rooms, galley kitchen and a central hub.
- It is in the heart of the CBD; a block from Martin Place.
- Large picture windows bring in lots of natural light.
- ADC has complimentary WiFi, expresso coffee and ‘the best biscuits in town’!
- Extended hours are easy to arrange.
- The ADC team is always on hand to help you.
- ADC is an independent, not-for-profit. Your room bookings help us help you!
Australian Disputes Centre
Level 16, 1 Castlereagh Street, Sydney NSW 2000
P: 61 2 9239 0700 F: 61 2 9223 7053
E: info@disputescentre.com.au