If this email is not displaying properly please click here to view the ADC Bulletin in your browser Issue 33 - June 2021
CONTENTS: A word from the CEO Australian ADR Awards 2021 35th Anniversary Gala Dinner Thought Leadership In Community Professional Development Legal Update Lockdown Gallery ADC Venues Deborah Lockhart A word from the CEO Hello from locked-down Sydney, and welcome to ADC’s Winter Bulletin 2021. Despite these unprecedented times, the Australian Disputes Centre continues to provide uninterrupted dispute resolution services across the country.
Save the Dates! We have so much going on in the coming months: don’t miss the Supreme Court ADR Addresses in Sydney and Darwin; volunteer to help us with student competitions; join us for the Australia-Latin America Business Forum; start preparing your nominations for the 6th annual Australian ADR Awards, and register your table for the 35th Anniversary dinner on 11 November themed ‘Emerald on the Green’. I look forward to seeing you all there!
I encourage you to start now on nominations for the highly regarded Australian ADR Awards. The profile of these Awards means that all nominees garner respect for their outstanding work. For your clients, your team, your friends and family, and as an industry, you give us the opportunity to celebrate your work and success.
To help get you inspired and start drafting submissions we have 3 more of last year’s winners share with you what their Award has meant to them.
It is NAIDOC Week and ADC recognises this year’s theme of ‘Heal Country’. Click to read the Uluru Statement from the Heart and my cross cultural podcast with Mike Butler, to help focus us all on deepening our understanding of ‘Makarrata’.
ADC continues to work in the community to create empowerment initiatives for Indigenous voices. Most recently we collaborated with the Mudgin-Gal Women’s Centre in Redfern, where we presented our course ‘Straight up, Deep Listening’ to facilitate culturally-informed conflict resolution in the community.
Before the current lockdown I managed my first plane trip in 20 months with a trip to Perth to speak at the APPEA Conference. Gaining and retaining a social license to operate has never been more critical to the oil and gas industry. ADC is undertaking significant work in the sector and we share with you here the extended abstract from this recent conference.
To keep you up-to-date during these troubled times, we also include in this Bulletin the video of The Hon. Justice Sam Doyles’ tremendous ADR Address from South Australia. From Perth, Clifford Chance keeps you up-to- date on a recent arbitration case from the Federal Court, and our ADC interns share recent developments in Expert Determination rules.
To help us help you, the ADC team and its Winter interns (from Delhi, Melbourne, Brisbane, Canberra and Sydney) stay connected on ‘Lockdown Lucy’. We share with you a few photos of lunchtime fun, plus some truly iconic scenes posted to ADC’s Lockdown Gallery. Thank you to our fabulous team photographers!
I look forward to welcoming everyone back to 1 Castlereagh St after the lockdown. For our regular visitors you will be thrilled to arrive through the newly refurbished ground-floor foyer (photo below).
Stay safe and well! Deborah 6th Annual Australian ADR Awards – Nominate TODAY! Celebrating outstanding contributions to timely and cost-efficient dispute resolution, the Australian ADR Awards recognise both individual and team excellence in the area of Alternative Dispute Resolution.
Distinction in both the Australian (domestic) and international contexts are recognised. The Awards are open to all Australian citizens and permanent residents, and Australia-based Dispute Resolution teams.
Registrations are open until 15 September 2021. Please don’t leave your nominations and submissions until the last minute. Nominate TODAY! Inspiration from our 2020 Award Winners Aboriginal & Torres Strait Islander Mediator of the Year - Marius Pirrawayingi Puruntatameri Working in the Tiwi Islands and Darwin, Marius has been a leader in the use of mediation, including reintegrating prisoners back into their communities. ADR Corporate Teams of the Year – TAL & Liverpool Hospital In 2020 we saw two teams tie in this category. In recognition of their outstanding achievements Liverpool Hospital was awarded ADR Corporate Team of the Year, Community and TAL was awarded ADR Corporate Team of the Year, Commercial.
Read what our award winners have said about their ADR Awards.
35th Anniversary Gala Dinner Thursday, 11 November 2021 The Australian Golf Club, Sydney We are excited to announce that our 35th Anniversary Gala Dinner and ADR Awards 2021 will take place on 11 November at the Australian Golf Club. The theme is ‘Emerald on the Green’ and yes, the greens will be gleaming leading into the Australian Open.
Tickets are on sale now. Supreme Court of South Australia 3rd Annual ADR Address Musings on Compulsory Mediation
The Honourable Justice Sam Doyle Australia’s Supreme Courts have been at the forefront of utilising Alternative Dispute Resolution processes for many decades. This year’s ADR Address at the Supreme Court of South Australia was presented by The Hon. Justice Samuel Doyle. The Court kindly recorded the Address, and it is now available on ADC’s YouTube channel. Join His Honour in exploring a range of current ADR related issues, including the application of these processes in and out of the Courts.
APPEA Conference 2021
How the Upstream Oil and Gas Industry can leverage interdisciplinary research to more effectively engage with Indigenous communities
Deborah Lockhart, CEO Since 2010, mining companies have requested permission for the destruction of over 463 Aboriginal heritage sites. Recent high-profile events have profoundly impacted culturally significant Indigenous sites, and mining companies are under intense pressure to demonstrate greater sensitivity in their relationships with stakeholders. In this paper presented to the APPEA Conference in Perth on 17 June 2021, Deborah Lockhart, CEO of the Australian Disputes Centre explores how the upstream petroleum industry can leverage current interdisciplinary research to engage with Indigenous communities more effectively, both nationally and internationally.
Read the Extended Abstract for the APPEA conference paper HERE.
Supreme Court of the Northern Territory 3rd Annual ADR Address 12 August 2021 (backup date 16 September) at 5.30pm Sally Sievers Northern Territory Anti-Discrimination Commissioner We are honoured that the ADR Address 2021 in Darwin will be delivered by Ms Sally Sievers Anti-Discrimination Commissioner and Acting Children’s Commissioner.
Our thanks to Chief Justice Michael Grant and the Supreme Court of the Northern Territory in collaborating with ADC in presenting the annual ADR Address series.
Supreme Court of the New South Wales 4th Annual ADR Address 30 Sept 2021 at 5.30pm The Honourable Justice Julie Ward Supreme Court of New South Wales Court of Appeal The Australian Disputes Centre is honoured to have Justice Julie Ward present the 4th Annual ADR Address of the Supreme Court of NSW.
Her Honour has been a trail blazer in the law, including being the youngest female partner to be appointed to what is now King & Wood Malleson in 1988, and the first female solicitor directly appointed to the Supreme Court bench in 2008. She was appointed Chief Judge in Equity in March 2017.
Register for Her Honour’s Address in the Banco Court, Sydney, or Online HERE
The Australian Disputes Centre International Chamber of Commerce Australia-Latin America Business Forum Pathways to Commercial Success in Latin America 14 October 2021 – 6.00-7.30pm AEDT Sydney (cocktail reception to follow) & Online Leading into Australian Arbitration Week 2021, we present a real-world view of issues confronting Australian business interests in Latin America, with insights from dispute resolution experts on how these risks can be better managed.
ADC and Mudgin-gal Conflict Resolution Training Program Straight-up, Deep Listening Good ideas can take some time to bring to fruition during a pandemic. For the Australian Disputes Centre and Mudgin-gal Womens’ Centre this collaborative program has been on the drawing board for a while! But we found a window during May to safely gather women leaders from the local community for some straight-up talking and deep listening.
The program is designed to help develop the conflict resolution capabilities of Indigenous leaders. 15 Aboriginal women from the Redfern area with a wide variety of backgrounds including health, domestic violence, administration, and the arts came together over 3 consecutive Fridays to share, yarn and add some tools to their tool kits in effectively managing a range of conflict situations.
Our warms thanks to Auntie Bronwyn Penrith, Chairperson of Mudgin-gal, and our ADC trainer Jo Topfer for generously facilitating this pro-bono collaboration.
Call for Volunteers - Coaches, Judges & Mediators! Year 10 Schools Invitational Debating Competition 5 – 26 August 2021 Are you a current or former University Debater? We invite you to be part of ADC’s schools debating program, helping Year 10 students collaborate in mixed-schools teams to compete for the ADC Schools Invitational Debating Competition 2021.
We need coaches and adjudicators for 1.5 hours a week from 5 – 26 August. Learn More HERE » Asia-Pacific Commercial Mediation Competition 10-12 September 2021 Volunteering for the ADC-ICC Asia-Pacific Commercial Mediation Competition (APCMC) 2021 is a great opportunity for networking, garnering CPD points and building your connections across the world, while contributing to our international students’ learning and professional development. To join us on 10 - 11 September, please provide your details HERE » Click on the graphics below for the Cross Cultural podcast and Uluru Statement from the Heart Mediation Training & Accreditation Advance your skills and career with ADC’s outstanding online Mediation Training and Accreditation Programme.
Learn how to conduct each step of the Mediation Process while honing your interest-based negotiation skills and developing your online communication skills. ADC’s multidisciplinary course enables you to facilitate dispute resolution across a diverse range of business, cultural and social settings with the added advantage of ADC’s prestigious Online Mediator Accreditation.
Upcoming Mediation Accreditation & Refresher Training August 2021 Sydney - Hybrid Meditation Training
September 2021 Darwin - Hybrid Mediation Training
October 2021
For those looking for a 1-day Professional Development Course
Looking to network with like-minded professionals while earning CPD points? JOIN ADC Book Club As part of its 35th Anniversary celebrations, ADC is connecting its Alumni and other members of the ADC network. ADC Book Club features a reading list designed to enrich your dispute resolution knowledge and expertise in relaxed book club setting. This is a great way to add CPD points towards your accreditation.
The groups are guided by our Book Club curators (drawn from ADC’s training faculty) and involve discussions drawn from the diverse professional and life experiences of your group members. The Book Club groups meet bi-monthly (every 2 months) on a weeknight that best suits the group members’ availability.
Beijing Jishi Venture Capital Fund (Limited Partnership) v Liu & Ors Larissa Welmans & Dr Sam Luttrell, Clifford Chance The Federal Court has recently issued a warning to all Arbitration Claimants to provide proper notice or run the risk of having an unenforceable award. The Court in Jishi Fund held that as one of the parties did not receive ‘proper notice of either the arbitration or the appointment of arbitrators’, the award should not be enforced under ‘public policy’ grounds of the International Arbitration Act 1974 (Cth). This shows an unprecedented step by the Court in determining that this failure could warrant refusal of the awards enforcement, highlighting the need for care when serving notice to keep alive the prospect of enforceability. Read here »
Expert Determination – Jiabin Yu Effective 1 July 2021, the updated World Intellectual Property Organization (WIPO) Expert Determination Rules came into force. What can users expect in WIPO-administrated expert determination proceedings? We look at the changes and offer a comparison with the ICC and LCIA Rules. Read here » ADC Winter Internship Amazing and turbulent best describes the experience of our current winter interns at the ADC! The centre has been able to keep the cohort busy with interesting tasks, and our group Zoom meeting ‘Lockdown Lucy’ has provided much needed laughs and smiles while we are all at home, and in the case of Dean – in Hotel Quarantine! Greater Sydney under winter lockdown – through our lockdown lenses The unique scenes of life in the midst of the pandemic have allowed us to improve our photography skills. ADC’s focus has shifted to scenes that will rarely be seen again, such as the silent residential streets of Sydney, or tourist hotspots where people are disappearing. They say 'every photograph taken eventually becomes a self-portrait - regardless of where the camera is pointed'. For us, shooting under this winter lockdown was and is not only a snippet of a personal tale, but also a new learning process. Introducing ADC’s Conflict in workplaces and sporting codes at all levels is a normal part of our lives. It is how we manage that conflict that makes the difference. ADC is thrilled to extend its cost-efficient, fast-track mediation service to Sport and Workplace related matters; to help make a difference in these sectors of our civil society.
ADC is seeking Expressions of Interest from mediators with expertise in these sectors. Please contact us with an EOI to join these Panels.
Have you used ADC’s Online Portal for Dispute Notification For the appointment of mediators, arbitrators, and experts, we now have you connected for the appointment of mediators, arbitrators and experts. Notify us online!
Simply complete the online form and upload your documents. You can also conveniently pay online.
COVID-19 Protocol Please see ADC’s Precautionary Protocol on the website. Read here» 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 |