An introduction to the
Civil Dispute Resolution Act 2011
with NADRAC member, Margaret Halsmith and Expert Panel
Wednesday 11 May 2011
Margaret Halsmith will outline essential aspects of the Civil Dispute Resolution Act 2011 (Cth) highlighting the changes the Act will bring to dispute resolution.
An expert panel of His Hon. Judge Christopher Stevenson, Registrar Rainer Gilich, and Associate Professor Jill Howieson will contribute to a stimulating discussion.
The Civil Dispute Resolution Act requires civil litigants to file a prescribed statement in relation to the steps taken to resolve disputes before legal proceedings are instituted in the Federal Court or the Federal Magistrates Court. It also sets out the powers of the Court in relation to the ‘genuine steps’ provisions and to awarding costs. Further, it provides that certain categories of legal proceedings are ‘excluded proceedings’ for the purpose of the Act. The overall object of the Act is to encourage disputants to take ‘genuine steps’ to resolve disputes through ADR.
This presentation will be helpful to parties involved in disputes and legal proceedings including disputants, ADR practitioners and lawyers. It will provide a summary of the Act and, in particular, will focus on the:
- powers and functions of the Court under the Act
- roles and obligations of disputants
- roles and obligations of ADR practitioners
- roles and obligations of lawyers representing disputants in and prior to the commencement of legal proceedings.
Margaret Halsmith
Margaret is the Director and Principal Mediator of her mediation, professional supervision and training practice, Halsmith Mediation.
Since 2008 Margaret has been a member of NADRAC (the National Alternative Dispute Resolution Advisory Council).
NADRAC is an independent body charged with providing policy advice to the Federal Attorney-General and with promoting the use and raising the profile of ADR. As a Councillor, Margaret contributed to the NADRAC Report which recommended the Act: The Resolve to Resolve – Embracing ADR to improve access to justice in the federal jurisdiction’.
The report is available on the NADRAC website.
Margaret is the Chair of the Australasian Board of LEADR as well as being an active member of the LEADR WA Chapter.
The Panel
Judge Christopher Stevenson (District Court of Western Australia) is a member of the Western Australian LEADR Executive, having been one of its founding members.
Registrar Rainer Gilich (formerly Federal Court of Australia, currently Supreme Court of Western Australia) specialises in commercial mediation.
Associate Professor Dr Jill Howieson (UWA Law School) has published on the role of lawyers in ADR as well as practicing ADR.
A podcast of the recording from this meeting will be available to LEADR members on the LEADR website.
Presented with the generous support of Jackson McDonald lawyers.
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Wednesday 11 May 2011
5.15pm for
5.30pm Start to 7.30 finish
Level 25
Jackson McDonald
140 St George's Terrace
PERTH
No cost
RSVP for catering by Fri 6 May to Jennifer Bresser on 9426 6673 or jbresser@jacmac.com.au
CPD
This event contributes 1 hour to your CPD for LEADR accreditation and/or national accreditation.
Attendees are also entitled to 1 CPD point under category 3: Legal Knowledge as required by the WA Legal Practice Board.
Note
LEADR does not issue certificates for CPD points to attendees. However we record and retain the sign-in sheets for LPB audit purposes. Attendees are required to keep their own records of accrued LPB CPD points.
A podcast of the recording from this meeting will be available to LEADR members on the LEADR website.
Presented with the generous support of Jackson McDonald lawyers. |