Rights, power and interests: strategic selection of dispute resolution processes when Government is a party

with Tom Howe QC, LEADR Fellow

Tuesday 16 August 2011

LEADR Fellow, Tom Howe QC is a highly respected litigator and expert in ADR. He has excellent knowledge and experience of the guidelines by which legal professionals employed for and on behalf of government agencies work.

In this presentation, Tom will discuss how to make strategic selections from the range of dispute resolution possibilities in order to maximise fair, workable, durable outcomes for clients.

In doing so, Tom will present examples which demonstrate the benefits which emanate from the synergies of litigation and ADR.

About Tom Howe QC

Tom Howe QC is Chief Counsel, Dispute Resolution at the Australian Government Solicitor, where he has been employed for the past 24 years.

He has appeared in many key cases as Counsel for the Commonwealth before the High Court and other Australian courts and tribunals including the Federal Court, the Supreme Courts of the states and territories, and the Administrative Appeals Tribunal. He has also advised and appeared for the Commonwealth in various inquiries and commissions.

Prior to joining AGS, Tom worked in private practice and as a solicitor with ACT Legal Aid. He is a member of NADRAC, the Federal Litigation Section of the Law Council, and the Council of the ACT Bar Association. Tom has made an exemplary contribution to the delivery of a principled and cohesive litigation service to the Commonwealth. He assists relevant departments and agencies in consultations on the broader implications for them, and the Commonwealth as a whole, of available options and arguments.

Tom speaks with equal fluency, enthusiasm and persuasiveness the languages of both ADR and the law. While his engagement in ADR has been exclusively as a litigator, Tom is an example of a very highly regarded lawyer who embraces ADR: adding value during ADR processes, while retaining his legal identity.

This is a role which is crucial to the credibility, standards and success of ADR. "That Tom is at home in both cultures is a fine example for dispute resolution practitioners of all professional backgrounds to embrace and to emulate," said Margaret Halsmith, Chair of LEADR in welcoming Tom to the role of LEADR Fellow.

As well as in his legal practice, at conferences Tom actively supports ADR, presenting papers such as:

• Why isn’t there more alternative dispute resolution by Commonwealth departments and agencies? at the 2008 ADR in government forum [available online], and
• Utilising ADRs within Government Agencies at Public Sector Litigation and Dispute Management Forum 2010.Tom discussed strategies that remove barriers to ADRs and suggested options for identifying the right form of ADR. He also presented examples for applying ADRs in a variety of different areas where they may not have been applied readily, such as in penalty proceedings, criminal proceedings and coercive information-gathering processes of courts and authorities.

As LEADR Fellow, Tom’s role will be directed toward:

• promoting ADR and LEADR within the Federal Government and within the federal civil justice system, which is timely with the 1 August commencement of the Civil Dispute Resolution Act (2011);
• commenting on constructive roles in ADR for legal representatives and ADR practitioners to combine their expertise for the benefit of their clients.

Acknowledgement
LEADR  is grateful to His Honour Peter Martino, Chief Judge of the District Court for hosting this function

Tues 16 August 2011

5.15pm to 6.45

Venue

District Court of Western Australia
500 Hay Street
PERTH

Note: This venue has airport style security

No cost

RSVPs by Fri 12 Aug to Len at LEADR on 02 9251 3366 or len@leadr.com.au

LEADR  is grateful to His Honour Peter Martino
Chief Judge of the District Court for hosting this function

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 1 – Professional Practice & Skills 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.

With thanks to Jackson McDonald for assistance with this event