'kon gres 2011 - LEADR's 11th international ADR conference

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

Podcasts, powerpoints and/or papers from the presentations are available to LEADR members and
'kon gres 2011 participants via a password protected area. Click here >>

tom-howe In this presentation, Tom Howe QC 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.

A highly respected litigator and expert in ADR, Tom has excellent knowledge and experience of the guidelines by which legal professionals employed for and on behalf of government agencies work.

LEADR Fellow

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

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.

Tom Howe QC
2011-13 LEADR Fellow

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.

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.