About Michael Lockhart

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So far Michael Lockhart has created 90 blog entries.

Sundance Resources’ $8.8B arbitration against Congo

Australian mining company Sundance Resources Ltd (Sundance) has initiated arbitration proceedings with the International Chamber of Commerce against the Republic of Congo (Congo) for the revocation of mining permits. In December 2020, Congo withdrew Sundance’s Congo Iron SA’s mining permit - Congolese business arm - for what it claimed to be ‘prolonged insufficiency of exploitation manifestly contrary to the potential of the deposit’, as well as neglecting to pay royalties. The permit revocation effectively strips Sundance of its flagship [...]

Expert Determination Case Note: Lepcanfin Pty Ltd v Lepfin Pty Ltd [2020] NSWCA 155

Facts The case concerned is an appeal from the decision of the New South Wales Supreme Court. The development deed in which the parties entered into contained the following expert determination clause “If the Dispute is not resolved, the parties must within the 14 day period use reasonable endeavours to appoint an expert (Expert) by agreement." After a dispute arose as to Lepcanfin’s entitlement to an increase in facilitation fee to compensate for non-payment of an advance, an expert [...]

National Awards Highlight Depth of Australian ADR Expertise

MEDIA RELEASE  16 November 2020 Australia is a global leader in Alternative Dispute Resolution (ADR), and the ADR Awards recognise both individual and team excellence in the field. The 5th Annual Australian ADR Awards, presented by the Australian Disputes Centre, were held on Friday, 13 November 2020. In highlighting the significance of the work done by Australia’s ADR professionals, the NSW Attorney General, The Hon. Mark Speakman SC MP, recognised their innovation and importance as skilled mediators, arbitrators, conciliators, facilitators and Ombudsman. “Courts should be a [...]

Vale Trevor Morling

The Hon Trevor Rees Morling QC 12th October 1927 – 2nd August 2020 The Hon. Trevor Rees Morling QC passed away peacefully at his home on the 2nd of August 2020. He was in his 92nd year. In addition to a very distinguished legal career Trevor Morling was the Chairman of the Australian Disputes Centre and was for many years a judge of the Federal Court of Australia. He also held commissions as an appeal judge in [...]

Party autonomy during COVID-19; testing the reach of the tribunal’s mandate

ADR Address of the Supreme Court of the Northern Territory 2020 In the first in our series of our Directors discussing a range of ADR hot topics; ADC Director and Partner at Corrs Chambers Westgarth, Bronwyn Lincoln, recently joined in conversation with eminent jurists and academics Professor Marilyn Warren, Professor Clyde Croft and Drossos Stamboulakis from Monash University. Five practical steps to ensure due process during virtual hearings If you missed the live event, you can catch up with [...]

Is Alternative Dispute Resolution a second-rate system of Backyard Justice?

ADR Address of the Supreme Court of the Northern Territory 2020 In the last week of May 2020, Chief Justice Michael Grant welcomed Ms Leanne Liddle and a film crew into the Supreme Court of the Northern Territory to film the 2020 ADR Address. Our warm thanks to the Chief Justice, Ms Liddle and Aboriginal Broadcasting Australia for their generosity and commitment in sharing this important Address with an Australia-wide audience during the COVID-19 lockdown. Leanne Liddle’s Address identifies the challenges and barriers [...]

Beyond Googlies & Cricket: India and Australia Trade, Investment, and Successful Dispute Resolution

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 CLICK HERE »

Vale Peter Irving

It is with such sadness that ADC has learned that our dear colleague Peter Irving has passed away.  Peter was a Nationally Accredited Mediator, a registered Family Dispute Resolution Practitioner and a retired solicitor. Peter became a mediator in 1989 and mediated a variety of disputes including commercial, family law and personal injury. Peter was a Past President of ADRA and a longstanding coach as part of the training faculty for ADC's Mediation Training Course, a role which allowed him to bring [...]

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