Dual proceedings will not stick - Kraft Foods Group Brands LLC v Bega Cheese Limited  FCA 549 The case concerns the restraining of arbitral proceedings in the US District Court of the Southern District of New York in the matter between Kraft Foods Group Brands LLC (‘Kraft’) and Bega Cheese Limited (‘Bega’). In 2017, Bega acquired certain rights to use the Kraft brand including the right to sell peanut butter in Australia using its jar design. Bega then aired various [...]
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The Hon. Tim Pallas MP; Emma King CEO of Victorian Council of Social Service; Treasure Jennings, Public Transport Ombudsman; and Denis Nelthorpe, CEO of WEstjustice. In August 2018, the Public Transport Ombudsman Victoria was awarded the ‘ADR Innovation of the Year Award’ by the Australian Disputes Centre for their unique and pre-emptive approach to assisting homeless young people with public transport disputes. In partnership with the community legal service ‘WEstjustice’ the Public Transport Ombudsman recognised a recurring pattern [...]
by Michael Moryosef* AUSTRALIA Limited scope to appeal security of payment decisions: Probuild Constructions v Shade Systems This recent Australian High Court decision held that an adjudication determination made under the Building and Construction Industry Security of Payment Act 1999 NSW (SOP Act) may not be overturned on the basis that the determination contained a non-jurisdictional error. The decision found that the Court of Appeal of the Supreme Court of NSW did not have jurisdiction to overturn an arbitrated decision on the [...]
ADR v Adjudication: Jurisprudential and Socio-Economic Considerations The Hon. Chief Justice Chris Kourakis’ SA Supreme Court Address Crypto-currency and medieval market fair courts may have more in common than first meets the eye. Kourakis CJ takes us back to the future in postulating how disputes involving new technologies may best be resolved. The Australian Disputes Centre received a warm welcome at the Supreme Court of South Australia in hosting the Court’s inaugural ADR Address on 18 October 2018. Chief Justice [...]
On 6 June 2018, the first Court of Arbitration for Art (CAfA) was officially launched at The Hague. This specialist court arose as a response to the art market’s critique that traditional judges and juries lack the expertise required to determine esoteric issues such as authenticity. Though located at The Hague, proceedings may take place anywhere in the world. A significant feature of the CAfA rules is that proceedings only utilise tribunal-appointed experts when determining questions of origin and matters [...]
by Alicia Sharma* The effective administration of justice has been shown to be vital to nurturing economic growth and thus ought to remain a priority for all developing nations. India’s lack of a structured and systematic approach towards development is particularly evident from India’s justice system. India’s enormous population, which accounts for over 17% of the global population (World Population Review, 2018), gives rise to particular complexities in India’s legal system. Considering the maxim ‘justice delayed is justice denied’, one [...]
ADR, ODR AND AI-DR, OR DO WE EVEN NEED COURTS ANYMORE? The Hon. Chief Justice Tom Bathurst AC The Supreme Court of NSW Wales warmly welcomed some 180 guests at the Court’s inaugural ADR Address on 20 September 2018. Living in an age of the Fourth Industrial Revolution, computers are increasingly capable to outperforming humans, possibly leading to supplanting the role of legal professionals altogether. Bathurst CJ identifies two main ‘supportive’ technologies that could transform both court proceedings and ADR [...]
The Hon. Christopher Finlayson QC’s insights as the Minister for Treaty of Waitangi Negotiations “Many of the disputes arise because of personality differences and poor interpersonal relationships. I often quote former Northern Ireland Secretary Willy Whitelaw who would lament about meeting Catholics and Protestants in Belfast. He concluded some of them couldn’t even agree on what day it was.” With humorous and insightful commentary from his experience as the former Attorney General of New Zealand and Minister for Treaty of [...]
Innovation in Cross-cultural Dispute Resolution The ADC’s First Nations Panel was launched in Sydney on 10 August 2018. In celebration of the new Panel, we were honoured by the Welcome to Country extended by Nathan Moran, CEO, Metropolitan Local Aboriginal Land Council. To mark the Panel’s launch and its significance, Aboriginal Elder and a Board Member of Deerubbin Local Aboriginal Land Council, Graham Davis-King, also generously extended his congratulations and engaged attendees in song and ceremony. Mr Moran later presented [...]
Professor Peta Spender, Deputy Dean of ANU Law School Statistically, more people will go to their health or welfare advisers than a private lawyer for legal advice.1 As Professor Peta Spender, Deputy Dean of ANU Law School, pointed out in her presentation at ADC’s Innovate, Mediate and Thrive! Symposium, this certainly raises doubts about the accessibility of the civil justice system currently. Highlighting a number of key innovations in the civil ADR space, Professor Spender’s presentation left no doubts as [...]