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 [...]

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 [...]

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 »

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 [...]

The Cybersecurity Protocol of International Arbitration is the end product of a two year collaboration by a working group on cybersecurity comprising 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). The purpose of the Protocol is: To provide a framework to determine reasonable information security measures for individual arbitration matters, and To increase awareness about information security in [...]

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. The Facts Lainson Holdings Pty Ltd (‘Lainson’) and Duffy Kennedy Pty Ltd (‘Duffy’) entered into a building contract (supported by a deed), under which a dispute arose over the payment of bank guarantees as securities. Lainson [...]

Gun Licenses, child protection and disciplining doctors: what role has ADR to play The Hon. Justice Judy Hughes On 23 October 2019, The Hon. Justice Judy Hughes captivated a large Adelaide audience with her address on the role of ADR in adjudicative processes,  where 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 [...]

Conflicts of Interest in Commercial Arbitration Her Excellency The Honourable Margaret Beazley AO QC Governor of New South Wales 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 for all lawyers and ADR practitioners and you can download it in PDF format here.

It is with great sadness that we received the news of our recent alumnus Gavin Dallow’s passing during the recent volcanic eruption on White Island, New Zealand. In tragic circumstances, the eruption also claimed the life of his step-daughter Zoe, and has left his wife Lisa in a critical condition. The Australian Disputes Centre had the great pleasure of first meeting Gavin at our mediation training program in Darwin in early 2019. A long-time employee of the Courts Administration [...]