Resolution Institute


  AUGUST 2017 Visit

Legal Update

brought to you by
Settlement remorse: When will a court set aside mediated consent orders?
Matsen v Superannuation Complaints Tribunal [2017] FCA 765 >>

Thanks to Karen Ingram (Partner) and Cecile Bester from Clayton Utz Litigation and Dispute Resolution team.

Facilitative and restorative DR

2016 NMC Special Issue of the Bond Law Review This special issue of the Bond Law Review brings you a selection of scholarly papers presented at the bi-annual National Mediation Conference held in September 2016 at the Gold Coast, Queensland >>

Is mediation a viable investor-state dispute settlement mechanism? Mark Baker and Cara Dowling discuss recent trends that indicate a growing interest in investor-state mediation among governments, investors and institutions >>

The impact of insider mediators on modern peacemaking
PDF Genuine stories of achievements, challenges and motivations from insider mediators across the world >>

Users of commercial mediation in New Zealand RI member Dr Grant Morris shares encouraging findings from the first empirical research study on the users of commercial mediation In New Zealand >>

Students bring innovation to access to justice problems Monash University's legal hackathon encouraged students to develop creative solutions for access to justice problems >>

Invidious choices: mediators as Homeric navigators RI member Ian Macduff explores the tension between the interests protected by legal rights and those embedded in cultural values >>

The mediator as co-creator Charlie Irvine argues that a mediator's role as a co-creator of outcome enhances the prospects for justice >>

5 uncomplicated ways to gain psychological distance during conflict Dr. Tammy Lenski shares simple and potent ways to gain psychological distance during conflict >>

Restorative justice: best practice framework 2017
PDF New Zealand Ministry of Justice releases a new best practice framework for restorative justice built on the documents published in 2004 and 2013 and updated to reflect the changes in policy and practice >>

Inside the restorative justice black box RI member, Dr Jane Bolitho, a speaker at the upcoming Relate-Resolve-Restore conference 2017, explores the role of memory reconsolidation in transforming the emotional impact of violent crime on victims >>

In-Custody Restorative Justice
PODCAST Martin Howard talks about his experience with the Sycamore Tree Project, a Queensland in-prison restorative justice program bringing together victims of crime and offenders >>

Determinative DR

Public-private arbitration in Australia: public law concerns, private law responses
Caroline Henckels explores issues in the public-private arbitration law that raise concerns about protection of public interest >>

Drafting arbitration agreements: the pitfalls of compromise James Rogers and Kevin Hong discuss a chinese case study (Wicor Holding AG v Taizhou Haopu Investment Co Ltd) to highlight the risks of a hastily drafted arbitration agreements >>

Arbitration case law update
Geoff Farnsworth shares updates on AGL Energy Limited v Jemena Gas Networks (NSW) Ltd [2017] NSWSC 765 and Fitzpatrick v Emerald Grain Pty Ltd [2017] WASC 206 >>

Australia’s international arbitration act amendments: rejuvenation by a thousand cuts?
University of Sydney Prof. Luke Nottage questions if reform in international arbitration law would be better achieved through several amendments, as has been done in the past, or in a more comprehensive fashion involving greater public consultation >>

The western front: new arbitration rules for the Supreme Court of Western Australia
This article discusses the growing prospects for international arbitration in Western Australia considering recent economic drivers, new arbitration rules and practical judicial support >>

Adjudication submissions: keep them simple
Andrew MacGillivray makes a case for conciseness and simplicity of adjudication submissions in Australia as he discusses Future Developments Pty Ltd v TJ & RF Fordham Pty Ltd [2017] NSWSC 232 >>

Penalties, publications and a twenty-day Christmas holiday Mitch Francis and Rebecca Clafton analyse the Building and Construction Industry Security of Payment (Review) Amendment Bill 2017 (SA) (Bill) that was tabled recently in the Parliament of South Australia after nearly three years of reviews and consultations >>

Granting extensions of time in construction contracts
Dado Hrustanpasic discusses how the decision in Probuild Constructions (Aust) Pty Ltd v DDI Group Pty Ltd [2017] NSWCA 151 implies that a duty of good faith may be applied to the discretion to extend time in construction contracts >>

NZ Supreme Court clarifies meaning of “due debts” in voidable transaction regime
Supreme Court recently made its decision on David Browne Contractors Ltd v Petterson and, in doing so, clarified the meaning of “due debts” in s292 of the Companies Act >>

Determining the date of practical completion
Megan Calder discusses recent decision in Abergeldie Contractors Pty Ltd v Fairfield City Council [2017] NSWCA 113 that was concerned with identification of the date of practical completion >>

Keep your CPD updated

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What's on

Resolution Institute events

Challenges to the Adjudicator >>
Melbourne, 30 Aug

Compulsory mediation to farm business debts in Queensland >>
Brisbane, 31 Aug

Building a shared story through a timeline approach to mediation >>
Wellington, 31 Aug

Dispute resolution walkshop on the Gold Coast >>
Gold Coast, 2 Sep

Family law and its application to indigenous cultures >>
Sydney, 5 Sep

Adjudication discussion evening >>
Sydney, 6 Sep

Proposed amendments to Security of Payment laws >>
Adelaide, 7 Sep

Sydney Conflict Coaching Practice Group >>
Sydney, 9 Sep

Mediation in a commercial context >>
Perth, 13 Sep

Constructive conversations >>
Brisbane, 14 Sep

Family law practice: arbitration of property disputes >>
Newcastle, 29 Sep

Recent developments in arbitration >>
Melbourne, 16 Oct

Early Dispute Resolution >>
Sydney, 8 Nov


Mediating with diversity of sex, gender and sexuality – taking “inclusion” from theory to practice >>
29 Aug

The set up to settle: how proactive lawyers get the most out of ADR >>
12 Sep

Why Am I Here? Remembering mediation's core: self-determination >>
21 Sep

FDR in a multicultural & multi-faith Australia: meeting the needs of Australian Muslims >>
22 Nov

Training workshops

Arbitration training >>

Mediation NMAS training >>

Mediation 'Refresher' training >>

Mediator assessments >>

CINERGY™ 4-day conflict coaching >>

CINERGY™ 2-day 'Refresher' training >>

CINERGY™ 3-day Advanced workshop >>

Probity Services Accreditation Course >>

Assessing suitability & preparing clients for mediation (1 day skill extender) >>

Managing abrasive behaviour >>

ONLINE Group Supervision >>

Other CPD & training

Mini PD Workshops: Monday Modules and Thursday Topics >>
with Margaret Halsmith
ONLINE interactive video conference

Nonviolent communication foundation training
with The Communication Group
Sydney, 26-27 Aug >>
Bendigo, 23-24 Sep >>

Conflict Transformation through
Group Conferencing >>

with Dr David Moore and Dr Alikki Vernon
Melbourne, 30 Aug - 1 Sep
Members receive 10% discount

Working with High-Conflict People
with Bill Eddy
- 6 Sep: Managing High Conflict People in Legal Disputes >>
- 11 Sep: Managing High Conflict People in Family Law >>
- 12 Sep: Mediating High Conflict People >>

- 18 Sep: Understanding and Managing High-Conflict People >>
- 18 Sep: Four tips for managing high conflict behaviours >>

Child Protection Studies Programme
with Child Matters
Christchurch, 11-15 Sep >>
Rotorua, 6-10 Nov >>

Facilitation One Day Wonder >>
extending the work of the Victorian Facilitators Network
Sydney, 13 Sep

Building leadership and resilience through action learning >>
with Bob Dick
Brisbane, 14-15 Sep

Advanced Collaborative Practice Workshop
with Clarissa Rayward and Anne-Marie Rice
Melbourne, 16 Sep: Advanced Collaborative Practice Workshop >>
Brisbane, 27-28 Oct: Introduction to Collaborative Practice Training >>
Free Collaborative Practice webinars >>

Appreciative Inquiry: Deep Dive >>
with Mary Alice Arthur
Brisbane, 26-27 Sep

Conquering Conflict >>
with Time2talk Leadership
Melbourne, 3 Oct

Creative Facilitation: Bring Meetings to Life >>
with The Letter Lounge Cafe & Gifts
Brisbane, 9-10 Oct

Facilitation essentials >>
with UTS
Sydney, 10 Oct

Course on Restorative Approaches in Youth Settings >>
with Transforming Conflict
Berkshire, UK, 6-10 Nov

Conciliation in the shadow of the law >>
with David Bryson and Michael Mitchell
Melbourne, 13-14 Nov

The Online Solutions Focus Coaching Program >>
with Babel Fish Group
Melbourne, 8-29 Nov

Sent by Resolution Institute,
Sydney - Wellington