Resolution Institute


  MAY 2018 Visit

Legal update

brought to you by

The need for caution: when are arbitration clauses in related contracts enforceable?
Warner Bros Feature Productions Pty Ltd v Kennedy Miller Mitchell Films Pty Ltd [2018] NSWCA 81 >>
Thanks to Karen Ingram (Partner) and Natalie Antoon from Clayton Utz Litigation and Dispute Resolution team, for preparation of the Legal Update.

Member's voice

Timothy McMichael, New Zealand
The experience of the Family Works Resolution Service with launching an app for FDR participants in New Zealand >>

DR news & articles


Report on review of SOP laws released
Commonwealth Government released this review, completed by RI member John Murray AM in Dec 2017. Its 86 recommendations include that a best practice model be based on “a legislative regime broadly based on the East Coast Model” to best “promote prompt payment so as to maintain a contractor’s cash flow”>>

Payments for insolvent claimants – approach to Security of Payment rejected as "plainly wrong" by NSW Supreme Court
A recent NSW Supreme Court decision implies that an insolvent contractor can claim under Security of Payment legislation >>


New South Wales CA imports arbitration clause from one entity to another, stays proceedings
Should an arbitration clause found in standard term contracts used by other members of a company’s corporate group be incorporated into the parties’ agreement? >>

Arb, Med, Arb – Easy As One, Two, Three?
The decision of the Supreme Court of NSW on a case that involved an arbitrator putting on the hat of a mediator and back, without a written consent at all stages >>


Court-Referred ADR: The View From The Bench
RI member Alan Limbury refers to studies that explore judges' perception of ADR processes and discusses its effect on the judges' decision to mandate ADR >> 

Online Resources for Unrepresented Clients in Mediation: Enhancing Participation
RI member Ian Macduff builds a case for providing online information and resources to help unrepresented disputants effectively participate in mediation >> 

Farm Debt Mediation Amendment Bill 2018 passed
Both houses of the NSW Parliament have passed the FDM Amendment Bill to make further provision with respect to mediation concerning farm debts >>


NZ Family Court research documents
These reports evaluate the 2014 reforms that supported out-of-court solutions in order to reduce the impact on children >>

Restorative Justice

PODCAST | Helen Bowen with Restorative Justice International
Insights into New Zealand’s use of restorative justice in their youth court system, public policing advances in the field, sexual offending and restorative justice, and victims-driven restorative justice >>

General DR

NZ budget includes extra justice funding
New Zealand 2018 budget boosts funding for the justice sector >> Also read Kensington Swan's overview of NZ budget>>

Marae-based justice system in NZ
Take a look at an emerging community justice system in NZ in which the police can refer minor offenders to community panels rather than to court >>

From theory to collaborative practice
RI member Sue Armstrong shares how the potential of collaborative practice lies in its interdisciplinary approach and the opportunities it offers family lawyers >>

Storm Clouds and Silver Linings-My Journey
RI member Tom Stodulka's new book includes poems that reflect his 25 years as mediator >>

eCourts Portal of WA 
Several databases on court judgments and decisions, including those of Supreme Court, District Court, Family Court, Criminal Injuries Compensation and State Administrative Tribunal have moved here. Search for court decisions >>

Past webinar recordings


Mediating Commercial Disputes: How the “Big end of town” understands mediation and what they think they want >>
with Steve Lancken

It’s all your fault: working with difficult personalities and clients who blame everything on others >>
with Dr Anne Purcell

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Professional learning

Resolution Institute

Local networking and CPD

When an adjudication falls at the first hurdle – does the Jockey get paid for his effort >>
Melbourne, 30 May

DBDRV: A new ADR model, applied to prescriptive legislation in a politically sensitive environment. How do you make it work? >>
Melbourne, 31 May

How the mediator’s mindset effects the outcome of the dispute/mediation? >>
Newcastle, 31 May

Workplace investigators Wellington gathering >>
Wellington, 7 Jun

Strategies for mediators - Understanding persuasion, decision making and the cost of conflict >>
Hobart, 12 Jun

Property settlements and spousal maintenance >>
Brisbane, 12 Jun

Gold Coast Walkshop >>
Gold Coast, 17 Jun

Legal Finance – the what, the why and the how of funding for ADR >>
Melbourne, 21 Jun


When you talk, what does your client hear? >>
6 Jun, 12-1PM AEST | 2-3PM NZST

Bullying & harassment claims: how and when to mediate or not >>
20 Jun, 12-1PM AEST | 2-3PM NZST

The neurobiology of conflict >>
26 Jun, 12-1PM AEST | 2-3PM NZST


Mediation NMAS training >>
Mediation 'Refresher' training >>
Mediator assessments >>
CINERGY™ 4-day conflict coaching >>
CINERGY™ 2-day 'Refresher' training >>

Other providers

Elder mediation training webinars >>
with EMAN & Brav
4 Jun, 12 Jun

ADC Symposium Series 2018 >>
with Australian Disputes Centre
Canberra, 7 Jun

The art of facilitation programme >>
with Zenergy Global
Sydney, 11-15 Jun

Courses in peacebuilding >>
with Canadian School of Peacebuilding 
Canada, 11-15 & 18-22 Jun

26th Annual Sir Ninian Stephen Lecture >>
with Newcastle Law School
Newcastle, 13 Jun

Managing conflict in the workplace >>
with The Zalt Group 
Melbourne, 13-14 Jun

The hallmarks of modern commercial arbitration >>
with CIArb
Brisbane, 14 Jun

Tuscan Mediation Retreat >>
with Margaret Ross, Greg Rooney and Barbara Wilson
Tuscany, 16-23 Jun 

Deep Democracy for Facilitators >>
with Pru Gell
Melbourne, 19-20 Jun 

Workplace ADR meets FDR >>
with Victorian Association for Dispute Resolution
Melbourne, 27 Jun 

Presencing Foundations Programme >>
with Presencing Institute
Perth, 9-13 Jul

Advanced facilitation >>
with Bob Dick
Brisbane, 19-20 Jul

MBT-Mediation advanced training >>
with University of Western Australia
Perth, 27-28 Jul

International Advanced Course for Mediators >>
with Joanna Kalowski (Aus), Heather Allen, Lawrence Kershen QC, David Richbell
Tuscany, 23-28 Sep

Workplace Investigations Training >>
with The Zalt Group
Melbourne, 18 Oct

Restorative Justice Facilitator Training >>
with Victoria University of Wellington
Wellington, 14-16 Nov

Construction law workshop >>
with the University of Western Australia
Perth, 20-23 Nov

Sent by Resolution Institute,
Sydney - Wellington