Resolution Institute


  NOVEMBER 2018 Visit

Legal update

brought to you by

No two ways about it: enforcement of foreign arbitration awards in Australia
Hyundai Engineering & Steel Industries Co Ltd v Two Ways Constructions Pty Ltd (No 2) [2018] FCA 1551>>

Thanks to Karen Ingram (Partner) and Krissy Tomas from Clayton Utz Litigation and Dispute Resolution team, for preparation of the Legal Update.

Member's voice

Jill Goldson, New Zealand
Jill discusses the effects of parental alienation on children in family law resolution>>

William Hursthouse, New Zealand
William reflects on his experience at the Retirement Villages Stakeholders Forum>>

Thoughts to share?
If you would like to share views, reflections or ideas with fellow members, we welcome article submissions for consideration at >>

Webinars & podcasts

Webinars provide learning in the comfort of your own office 
If you missed a webinar, don't worry. Purchase a webinar recording instead. Recent additions include:

WEBINAR |  David Bryson: The role of ADR in organisatoinal change>>
"This webinar was without doubt the most professionally presented webinar with endless practical applications and a full hour of useful and interesting information"

WEBINAR |  Jennifer Mahony: Cutting through the Knot: understanding ‘micro-inequities’ and ‘micro-affirmations’>>
"An excellent webinar - very useful - excellent presenter."  "Webinars are well suited to look at these smaller issues in some depth."

DR articles & info

WA Adjudication activity report Q1 2018/19
This report for First Quarter 2018/19, shows adjudication application numbers and claim values are lower than the same period last year attributed to a continuing decline in the level of activity in the State’s construction industry. Resolution Institute remains the leading Appointer (62% of all application) and notably Master Builders Association of WA (MBAWA) application numbers dropped 80% from the same period last year. Of the 34 appointments there were 9 dismissals, 6 withdrawals and 19 determinations. Questions, comments or queries >> or 1300 489 099.

A costly Christmas present – ramifications of the commencement of the new Building Industry Fairness (Security of Payments) Act 2017 (Qld) - Nov 2018 On 17 December 2018 this Act (BIF Act) will come into force. It includes amendments to the payment regime provisions contained in the Building and Construction Industry Payments Act 2004 (Qld) (BCIPA). Commencing the BIF Act during the Christmas period will create challenges for claimants and respondents >>

‘Fast-track’ arbitration rules: room for development
First published in CIArb Authored by RI member Russell Thirgood and Darren Williams, “this article suggests, first, that there is scope for development of arbitral rules which more closely mirror the security of payment model (under a fairly ‘fast-tracked’ model), and second, that for a number of reasons, arbitration may be the preferable ‘fast-track’ method of dispute resolution.">>

Reading the virtual landscape of disputes: the expanding world of digital justice
Kluwer Mediation Blog RI member, Ian MacDuff reports on insights from the 2018 Forum on Online Dispute Resolution held recently in Auckland. Migration of one’s practice into digital spaces is just the start.  Artificial intelligence, machine learning, legal bots and digital choice architecture are likely to transform access to justice >> 

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Professional learning

Resolution Institute

Chapter/SIG annual meetings

Sydney Facilitative SIG annual meeting>> Sydney, 29 Nov

Newcastle Chapter annual meeting>> Newcastle, 29 Nov

WA end of year cheer and networking event 2018>> Perth, 03 Dec

Tasmanian Chapter annual meeting>> Hobart, 04 Dec

Sydney Determinative SIG annual meeting>> Sydney, 04 Dec

Victorian Chapter annual meeting with guest speaker world-renowned international arbitrator, Neil Kaplan >> Melbourne, 05 Dec

ACT Chapter Annual Meeting & Ousting the Expert Determiner with Bryan Ahern>> Canberra, 06 Dec

Local networking & CPD

Mediation Panel Discussion on Best Practice>> Sydney, 29 Nov

SA Arbitration masterclass 2018>> Adelaide, 01 Dec

Categories of residential building work, cladding amendments and the liability of professionals >>
Sydney, 04 Dec

Concilliation: Too hard to define & Wellington Christmas Drinks >>
Wellington, 06 Dec


Assumptions are OK - powerful questioning in mediation with Bruce Cottrill >>
29 Nov, 12 pm AEDT | 2 pm NZDT

Navagating the narrative with Rosemary Howell >>
12 Dec, 12 pm AEDT | 2 pm NZDT

Apology in dispute resolution with Chris Marshall>>
19 Dec, 12 pm AEDT | 2 pm NZDT


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

Other providers

How to run a workplace mediation>> with Elizabeth Rosa
Sydney 11-12 Mar 2019
Melbourne 28-29 Mar 2019
RI member discount code RESOLVE5

Conciliation in the shadow of the law>> with David Bryson & Michael Mitchell
Melbourne 13-14 May 2019
RI member discount 10%

Transforming conflict into cooperation through group conferencing>> with Dr David Moore and Dr Alikki Vernon
Melbourne 15-17 May 2019

Tuscany mediation retreat >>
with Margaret Ross, Greg Rooney and Barbara Wilson
Tuscany, Italy 15-22 Jun 2019

Sent by Resolution Institute,
Sydney - Wellington