LEADR ADR Case Law Review This month we review a further nine ADR cases including mediation, arbitration and adjudication. We thank Stephen Klotz, Susanna Taylor, Asha Stewart, Alison Castle, Tom Porter, Chelsea Kierath, Hope Saloustros, Rose DeMaria, Jess Swanwick and Marie Wong of the Deacons Commercial Dispute Resolution Group, for their assistance in preparing these casenotes. The two adjudication appeal cases question the validity of determinations made under S22 (2) Building and Construction Security of Payments Act. Halkat’s case held the determination invalid for a failure to consider all the provisions of the contract, and address all the issues raised in the payment schedule. In John Holland’s case the court held submissions “duly made” only where they had been set out in the payment schedule.
LEADR’s 9th International ADR Conference
19 - 21 September 2007 Cross Winds to Calm Waters
Click
here to view the program >> Membership renewal LEADR aims to be a member organisation that truly represents the broad cross-section of ADR practitioners. To encourage your participation, we have chosen not to raise membership fees this year, but to maintain them at affordable rates. Click here to download the membership renewal form >> Changes at the Board
Letter to members from departing Chair In Download the complete letter >> First mediation case in Tonga
Click here to read Sione’s account of this mediation >> Changes in Family Law
Click here to download this paper >> ADR Bulletin LEADR has been able to arrange for LEADR members to receive a 50 % discount on their first year of subscription to the ADR Bulletin and an ongoing discount of 15% per year while ever LEADR membership is maintained. For a free sample copy of ADR Bulletin, without obligation, email Matthew Langman (langman7@bigpond.com) with your postal address. >>
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Conflict Coaching A series of 4 day workshops in conflict coaching using the CINERGY™ Conflict Coaching model Sydney 30 July - 2 August Melbourne 13 - 16 August Adelaide 4 - 7 September Brisbane 25 - 28 September Perth 20 - 23 November Death by Suicide Note Michelle Brenner and Marilyn Scott A“Fishbowl” for mediators Sydney Thursday 19 July A man dies in mysterious circumstances leaving what may be a suicide note – and an amendment to an existing will. Three people have a lot to gain from the estate – and a lot to lose if the others win in the up-coming court case. Sexual Offences - is there a place for restorative justice? The Honourable Justice Marcia Neave, AO AGM - Victorian Association for Restorative Justice Melbourne Wed 15th August Advance notice: 15 November 2007 Guest Speaker: The Honourable Justice Brian Preston Chief Justice, LEADR Mediation Workshops LEADR training is recognised for the high quality of its program design, the interactive and experiential emphasis of the learning activities and the exemplary skills of its facilitators. Canberra 1- 4 August Sydney 8 -11 August Adelaide 12 -15 September Melbourne 17 -20 October Perth 17 - 20 October Brisbane 31 Oct - 3 Nov Sydney 7 -10 November
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After
six years in the role, Michael Mills is stepping down as Chair of
LEADR, but continues on the Board. We thank Michael for his astute
leadership of LEADR and unwavering commitment to advancing alternative
dispute resolution within the community. We now welcome Margaret
Halsmith who we know brings great energy and resolve to ensure that
LEADR’s voice on behalf of its members is heard in all areas
of dispute resolution. Taking over from Margaret as Vice Chair,
we welcome Chris Phillips, who will also continue as Treasurer.
Chris brings to the Board keen analytical and business skills and
a commitment to contributing to LEADR’s growth and support
of its members.
his last communique as LEADR Chair, Michael Mills thanked members
for supporting the growth of alternative dispute resolution.
Sione
Havea Taione, Registrar of the Supreme Court of Tonga, recently
completed LEADR mediation training in Sydney. Sione was an enthusiastic
contributor in the course, keen to learn and to share insights with
other participants. Armed with his new skills, Sione has since returned
to Tonga, and conducted his first mediation. He writes:
Naomi
Holtring, LEADR member and Partner in InterMEDIATE Dispute Management,
explores the impact of the recent changes in family law and the
likely acceptance of mandatory mediation by divorcing couples with
children. This paper, originally submitted for Naomi’s post
graduate degree in Dispute Resolution at the Law Faculty of the
University of Technology, Sydney, will provide readers with an overview
of the major changes that have recently occurred in family law.