Thank you for inviting me to speak at this dinner and to participate in the presentation of the Dispute Resolution Awards. Alternative dispute resolution has come a long way in the last 30 years.  The term is now something of an anachronism.  What used to be ‘alternative’ is mainstream. As a Judge of the Federal Court in 1990 I was interested in the use of court-annexed mediation as a way of encouraging more and earlier settlements or at least narrowing [...]

  The dynamic and quickly evolving nature of dispute resolution in Australia was explored in detail at the ADRA State of Dispute Resolution Conference and Workshop at Clayton Utz, Sydney on 22 August 2017. The day, introduced by Mary Walker on behalf of ADRA, saw keynote addresses from two senior members of the judiciary – the Honourable Patricia Bergin and the Honourable Thomas Bathurst AC. The Keynote speakers, together with specialist ADR presenters explored topical issues affecting the ADR industry. [...]

Introduction Real-time court reporting involves the attendance of onsite stenographers who are writing in stenographic code at speeds of up to 280 words per minute, and at 98% accuracy. There is currently no quicker way to get an accurate transcript of proceedings in a hearing. What is real-time? Real-time transcription services provide users with a live feed of legal proceedings as they happen. A real-time team – consisting of a highly skilled real-time court reporter and an editor – attend [...]

Recent changes to Australian gas export and taxation policy serve as reminders that the protections afforded to investors under investment treaties are not only relevant to investors in emerging markets. Investment treaties are also relevant to investors in modern and developed jurisdictions with widely recognised adherence to the rule of law. Three developing investor-state arbitrations in Australia, each also concerning alleged expropriation and breaches of other common investment treaty protections, demonstrate the relevance of investment treaty protections in jurisdictions of [...]

In the recent decision in AGL Energy Limited v Jemena Gas Networks (NSW) Ltd, Hammershchlag J of the Supreme Court of New South Wales refused to refer an action commenced in the Court to arbitration pursuant to s 8(1) of the Commercial Arbitration Act 2010 (NSW) (the Act). The case arose in the context of two "Reference Service Agreements" between AGL Energy Limited (AGL) and Jemena Gas Networks (NSW) Ltd (Jemena) (the Agreements).  The consecutive – and near identical – [...]

The Australian Alternative Dispute Resolution Awards for 2017 have been announced with a diverse group of winners recognised for their contributions to the development of Alternative Dispute Resolution in Australia in all its forms. The Honourable Mr Robert French AC, former Chief Justice of the High Court of Australia, and patron of the Australian Disputes Centre (ADC), presented the awards at a ceremony held at Ashurst on August 10th 2017. Among the winners are: Mediator of the Year: Mary Walker, [...]

Susan Hamilton-Green, from Melbourne’s Creative family Law Solutions, has been announced as the Family Dispute Resolution Practitioner of the Year in the annual Australian Dispute Resolution Awards. The Honourable Mr Robert French AC, former Chief Justice of the High Court of Australia, and patron of the Australian Disputes Centre (ADC), presented the award to Ms Hamilton-Green at the awards ceremony held at Ashurst on August 10th 2017. The award recognises Ms Hamilton-Green’s commitment to family dispute resolution both through the [...]

On 18 May 2017, the Australian Disputes Centre (‘ADC’) had the pleasure of hearing a seminar run by Max Kimber SC, Barrister at State Chambers. With more than 30 years dispute resolution experience in work-related matters, the Alternate Dispute Resolution (‘ADR’) specialist discussed the crucial role of lawyers in the education and facilitation of mediation. In criticising the adversarial approach adopted too often by lawyers in mediation processes, he notes that the promise of mediation given to clients falls regrettably [...]

Introduction In a recent decision under Rule 41(5) of the Arbitration Rules of the International Centre for Settlement of Investment Disputes (ICSID), an insolvent Italian company's claims against the Italian Republic (Italy or the State) under the Energy Charter Treaty (the ECT) were found not to be "manifestly without legal merit".1 While the Tribunal's decision is the product of a summary process in which a very high standard of proof applies, and does not therefore amount to a final analysis [...]

By Vicky Ioannides  (Business Development Director, DTI) and Leopold Lucas (Business Development Representative, DTI) Joint conferences, or expert conclaves, are increasingly being used to ensure the “just, quick and cheap resolution of disputes” in accordance with the Civil Procedures Act 2010. These reports are often integral to the success or failure of a trial. The basis of the process is to gather together all the experts in one place and allow them to discuss the matters for consideration prior to the [...]