LEADR - Association of Dispute Resolvers


  February 2015 Visit www.leadriama.org

Legal update

nearmap Ltd v Spookfish Pty Ltd [2014] NSWSC 1790 
Preliminary discovery in commercial arbitration >>

ASADA v 34 Players and One Support Person [2014] VSC 635 

Anti-Doping Tribunal proceedings do not qualify as a commercial arbitration >> 

Thanks to Saloni Sharma, Alex Solo and Karen Ingram from Clayton Utz Litigation and Dispute Resolution team.

Australian and New Zealand news


NZ Ministry of Justice (MOJ) announces changes to FDR supplier agreements

abc.net.au: Changes including a new travel disbursement policy and funding for assessment for all parties have been confirmed and will take effect from the 1 March 2015 >>

Changes to VIC laws circumvent ‘fringe dweller’ claims on deceased estates

abc.net.au: According to The Law Institute’s Kathy Wilson, writing an explanatory note alongside your Will may be the best way to avoid conflict after the death of a family member>>

NSW Supreme Court ruling prevents Adjudicators ‘not deciding’ claims

lexology.com: In a recent case against Ku-Ring-Gai Council, a second adjudication application was denied after being deemed an abuse of process under the BCISP Act >>

Clarifying reference dates ensures BCIPA payment claims remain valid 

lexology.com: Shielding contractors from the ‘common tactics’ of restrictive clauses, the recent decisions of the Queensland Supreme Court uphold statutory rights >>

Fair Work Ombudsman (FWO) praises the non-adversarial efficiency of mediation

lawyersweekly.com.au: With mediation introduced as a core dispute resolution service in 2012, FWO Ombudsman, Natalie James, reflects on the 11,000+ workplace disputes resolved so far >>

Federal Court upholds validity of Australia’s pro-arbitration approach

lexology.com: By denying the use of delay ‘tactics’, the Full Court’s recent decision allows for greater confidence to enforce international arbitral awards >>

Bills to repeal and amend ACT Mediation Act (1997)

negocio.com.au: ACT will be the first Australian jurisdiction to recognise accreditation under the National Mediator Accreditation System as the mediator qualification >>  

International news

SOUTH AFRICA: Court-Annexed mediation healing the hardships of spatial injustice 

allafrica.com: In a move to transform the civil justice system, Minister Michael Masutha is developing a legislative framework for the effective use of ADR >> 

INDIA: Expanding the scope of mediation beyond Court referral  

yourstory.com: Envisioning a movement toward collaborative dispute resolution, Laila Ollapally, founder of Centre for Advanced Mediation Practice (CAMP), promotes the use of mediation in the private sector >>  

United Kingdom: Proposal for online dispute resolution

judiciary.gov.uk: The Civil Justice Council has released a report challenging the UK Court system to introduce online ADR facilities for low value civil claims >> 

SCOTLAND: ADR to remedy 4750 homeless young people 

news.stv.tv: Ewan Aitken backs the Scottish Centre for Conflict Resolution (SCCR) in his plea for an antidote to family breakdown and Scotland’s broader culture of conflict >>     

CHINA: Mediation being used for 1,000 workers compensation claims

mediationworld.com: Local labor department and trade union are mediating a dispute resulting from Japanese company ‘Citizen’ dismissing workers in Guangzhou's Huadu district  >> 

USA: Potential progress in major port labor negotiations

king5.com: Mediator’s decision to call a 48-hour news blackout may indicate progress in this costly and prolonged dispute that has impacted a wide range of industries >> 

Professional indemnity and public liability

LEADR & IAMA members can access a competitive insurance package through AON Insurance. Learn more here >>

What's on

LEADR & IAMA training

Mediation courses >>

Assessment of mediator competency >>

CINERGY™ conflict coaching,
4 day >>

Melbourne, 10-13 March
Canberra, 23-26 March

Wellington, NZ, 20-23 April
Sydney, 28 Apr-1 May 
Adelaide, 5-8 May
Perth, 4-7 August   

Online group supervision >>

Mediating workplace bullying complaints >>
Auckland, 17 March
Wellington, 18 March

NZ Family Dispute Resolution >>
Auckland, 25 March
Wellington, 18 May

Developing an effective mediation intake process >>
Sydney, 12 March

Other CPD & training

Restorative justice mechanisms and the resolution of institutional abuse seminar >>

with The Law Society   presented by Steve Lancken and Robyn Bailey
Sydney, 4 March

CIArb Event: A future in arbitration? >>

with Neil Kaplan CBE QC SBS, Albert Monichino QC, and The Hon Justice Sulan
Adelaide, 4 March

VADR CPD Event: Overview of ADR jurisdiction of the Small Business Commissioner >> 
with Geoff Browne
Melbourne, 10 March 2015

Preparing for & representing your client at mediation >>
with the Law Institute of Victoria
Melbourne, 10 March 2015

Negotiation & influencing skills seminars for lawyers >>
with The Law Society and Steve Lancken
Sydney, 12 & 26 March

The Adjudication Forum seminar >>
with Max Tonkin, Anthony Igra, and Robert Sundercombe
Sydney, 22 April

Conflict transformation in group conferencing training >> 
with LaTrobe University  
Melbourne, 24-26 August

10% discount offered to LEADR & IAMA members

Keeping your LEADR & IAMA CPD updated

Save time by keeping your CPD record as you go. Simply login to the Members Area of the LEADR & IAMA website and select My Account - CPD & Practice Hours.

Any LEADR & IAMA events you attend will automatically be listed, and you can add other events as you like and all will be saved in one place for your re-accreditation. Login to start adding to your CPD now >> 


Restorative Practices International Conference >>
Hobart, 23-24 March 2015

ICC Institute Training on International Contracts >>
Paris, 20-23 April

Mediators Beyond Borders International Congress >>
Bucharest, Romania
23-26 April 2015

Mediation workshop for practising mediators >>
Tuscany, 20-27 June

2nd World Mediation Summit >> 
Madrid, 29 June-2 July

Identity-based conflict resolution certificate >>
Bar-Ilan Univeristy,  
Israel, 5-30 July

Sent by LEADR - Association of Dispute Resolvers,
Level 1, 13-15 Bridge Street
Sydney, NSW 2000