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Issue 25 - December 2019
CONTENTS:
Word from the CEO
Thought Leadership
Vale
Dates for Your Diary
Training Events
ADC in the Community
Legal Updates
ADC Interns 2019
Venue Hire
Word from the CEO
Season’s Greetings! As 2019 draws to a close, I extend my warm thanks for your tremendous help in making it another outstanding year for ADC. As you unwind, I invite you to take some time to dive into the news and resources of our final Bulletin for the year.
A cornerstone of ADC’s achievements is the unfailing support of our many friends and colleagues. In this Bulletin ADC recognises and celebrates the lives of two wonderful friends who recently passed away, Peter Irving and Gavin Dallow. We extend our condolences to their friends, family and colleagues. Peter Irving was a much loved member of ADC’s training faculty, and we will miss his warm presence and wise counsel. Gavin Dallow, a solicitor and a new mediator, was a vibrant and adventurous man who was tragically killed in the White Island volcanic eruption, together with his young stepdaughter Zoe. Vale to Peter, to Gavin and Zoe, and to all those who lost their lives in the NZ tragedy.
In 2019 ADC continued its dynamic approach to its training programs and thought leadership events. Most recently, my thanks goes to our distinguished panel and the many hosts of Beyond Googlies & Cricket. This thought leadership event was part of ADC’s contribution to Australian Arbitration Week 2019.
South Australia was fortunate to have The Hon. Justice Judy Hughes present their Supreme Court ADR Address in late October. Her Honour spoke on the thorny topic of the role of ADR in adjudicative processes. I encourage you to read Justice Hughes’ insights, which reference Chief Justice Grant’s ADR Address in May 2019.
This Bulletin also provides a link to Her Excellency Governor Margaret Beazley’s tremendous ADR Address at the Supreme Court of NSW. My thanks again to Governor Beazley, Grant CJ and Hughes J.
Looking towards 2020, ADC is sizzling with a fabulous, new professional development program. We have our popular summer mediation courses on in Sydney, Canberra and Adelaide, and follow this with our not-to-be-missed panel discussion on Dispute Resolution and the Abrahamic Faiths.
In late March 2020, ADC debuts its exciting all-new Commercial Mediation Masterclass, and Advanced Commercial Mediation Accreditation program: Mediating in the Headlights of Litigation and Arbitration. This highly anticipated practical training is aimed at furnishing lawyers, and experienced mediators with the advanced skills necessary to successfully advocate in, and mediate complex commercial disputes.
I encourage you to book early for this stellar program with our eminent faculty; The Hon. Wayne Martin AC QC, The Hon. Kevin Lindgren AM QC and Dr Sam Luttrell, Partner, Clifford Chance. You can find full details and your Early Bird Registration form on the ADC Website HERE.
Thank you again to all our valued clients, ADC’s Board, our wonderful staff, volunteers and interns and ADC’s brilliant training faculty for all your contributions over the past year.
I am looking forward to a fun festive season, a good rest, and the promise of an exciting 2020 for us all. On behalf of the ADC team, I wish you all a very Merry Christmas, a Happy Holiday Season, and much happiness, success and many adventures in 2020!
Warm Regards,
Deborah Lockhart
ADR Address, Supreme Court of South Australia
Gun Licenses, Child Protection and Disciplining Doctors: What Role has ADR to Play
The Hon. Justice Judy Hughes
On 23 October 2019, Justice Hughes captivated a large Adelaide audience with her address on the role of ADR in adjudicative processes when 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 important topic. We are thrilled to share Her Honour’s address with you HERE.
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ADR Address, Supreme Court of NSW 2019
Conflicts of Interest in Commercial Arbitration
Her Excellency The Honourable Margaret Beazley AO QC
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 paper for all barristers, solicitors and ADR practitioners. We are delighted to have it available for you HERE.
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Beyond Googlies & Cricket: India and Australia Trade, Investment, and Successful Dispute Resolution
Panellists: Gitanjali Bajaj, DLA Piper; Jo Delaney, Baker McKenzie; Bronwyn Lincoln, Corrs Chambers Westgarth, & Natasha Bopaiah, AIBC
MC: Matthew Hickey – Level Twenty Seven Chambers
As its contribution to Australian Arbitration Week 2019, on 20 November ADC presented an in-depth seminar on the bourgeoning area of bi-lateral trade between India and Australia, and the need to further develop cross-border ADR expertise.
ADC thanks its distinguished Panel for their insights, and all our hosts for presenting this seminar in nine cities across Australia and India. We look forward to Googlies 2.0 in 2020! For a full transcript of the Panel’s insights READ HERE »
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ADC extends its warm thanks to the Bali International Arbitration and Mediation Centre for hosting this Summit.
Technology and Dispute Resolution: the Good, the Bad and the Ugly.
The use of technology is becoming of increasing relevance in ADR, and this was the theme of the Bali Arbitration Summit on 18 November 2019. ADC’s CEO, Deborah Lockhart joined a Panel to discuss the good, the bad and the ugly of technology; sharing insights on the benefits, and the limitations, of Online Dispute Resolution in effectively resolving disputes.
It is with great sadness that the ADC learned of the passing
of Peter Irving and Gavin Dallow. Our deepest condolences
go out to their families and friends in this difficult time.
We commemorate and celebrate their lives and achievements.
Dispute Resolution and the Abrahamic Faiths
19 March 2020, live in Sydney, simulcast nationally
From the backyard, to the behemoth challenges of the Middle East, faith issues touch all of our personal, professional and global lives. As dispute resolution
specialists, and global citizens, deepening our knowledge and understanding of intra-faith and inter-faith dispute resolution is of critical importance.
Join our MC The Hon. Terry Sheahan AO, and our expert Panel: Rabi Gad Crebs, Rev. Peter Kurti, and Mohamad Kammoun for this watershed discussion on the impact of faith on the resolution disputes.
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A real-world view of
the mediation process
in complex commercial disputes
Mediating in the Headlights of Litigation and Arbitration
Practical Training in Mediating complex Commercial Disputes
26 – 29 March 2020 CPD points apply
Day 1 – Commercial Mediation Masterclass
– for all Barristers, Solicitors, Mediators and Arbitrators
Days 2 & 3 - Advanced Commercial Mediation Accreditation
– for Experienced Mediators
Australia’s expertise in commercial mediation is second to none. Are you and your clients getting the most from the mediation process? Join our leading dispute resolution faculty for a commercial mediation Masterclass of the ages.
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Looking for National or
International Conferences?
Find lists and links on the ADC website HERE »
Add ADR to your skillset and your bottom line for 2020.
Why choose ADC as the leading trainer
of mediation skills? What participants
are saying:
"I have thoroughly enjoyed the training delivered by experts this week. The lessons and role plays were all so relevant and apt, and provided comprehensive learning that unfolded at an appropriate pace for the individual participants who came from such a diverse range of professional backgrounds. Your ADC training is truly a high quality product and I congratulate you on the rigour and robustness of the learning provided. Thank you! I highly and unreservedly recommend this training.”
See the Full Program of 2020 Mediation Courses HERE
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Heading out of the office?
Sign up for ADC’s Summer
Conflict Resolution & ADR Course
Effectively resolving conflict is essential for your business and personal success, and a quiet life! Make a difference to your organisation, your career and relationships with ADC’s highly regarded Conflict Resolution & ADR course.
See the Full Program of 2020
Conflict Resolution & ADR Courses HERE
Pierre Baume, Deborah Lockhart, Thelma Palbas
and Desi Vlahos.
Celebrating multiculturalism, diversity, and mental health!
Deborah Lockhart was thrilled to present the Keynote Speech at the first collaborative Australian cultural law associations' end-of-year party at the Law Institute of Victoria (LIV) on 10 December. This inclusive event brought together the African Australian Legal Network, Asian Australian Lawyers Association, Australian Italian Lawyers Association, French Australian Lawyers Society, Hellenic Australian Lawyers Association, and the North American Australian Lawyers Alliance.
The evening focussed on the well-being of our legal community, while offering practical support to the Looma community in WA. In our individual and collective experiences we are all connected on mental health issues. ADC is proud to support our lawyers, ADR practitioners and Australia’s most vulnerable communities in their self-care. As a small practical contribution to lifting the multiple burdens of unresolved conflict, ADC is providing Mediation Training Scholarships for local leaders in Looma.
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ADC is going Green-er!
We are a minnow, but all contributions count. What has ADC been doing?
- We have completed a major archiving project that has digitally stored 30+ years worth of paper archives. This means that over 30 years of paper has been sent to recycling!
- To reduce ADC’s power consumption we are updating our lighting at the Centre with the latest in energy efficient LED’s.
- For our many coffee drinkers at the Centre, your Nespresso capsules are now being recycled!
ADC is continuously reviewing its systems and processes to identify more ways in which we can reduce our ecological footprint including energy use, resource use and waste minimisation.
We'll keep you posted!
Cybersecurity Protocol for International Arbitration
The Cybersecurity Protocol of International Arbitration is the end product of a two year collaboration by a working group on cybersecurity consisting of the representatives of the International Council of Commercial Arbitration (ICCA), the New York City Bar Association (City Bar), and the International Institute for Conflict Prevention & Resolution (CPR).
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Case Note Lainson Holdings Pty Ltd v Duffy Kennedy Pty Ltd [2019] NSWSC576
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’).[1] The decision confirms that experts are not required to determine disputes free of substantive legal error.
Thank you to our wonderful local and international interns during 2019. ADC is privileged to have such a vibrant, intelligent group of young lawyers with us. Here we showcase their thoughts on their joint ADC/ACICA internships, and find out what they are doing, or would like to do! Read what they have to say HERE.
Speak with us about booking your 2020 mediations and arbitrations 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