Queensland: Beautiful one day, confusing the next? The very recent decision of Collins v Queensland
Webinar recording | Online | Available for purchase
“A lively discussion using this case to revisit some of the fundamentals of the mediation standards”
Queensland has produced a series of cases in the mediation arena giving rise to widely-differing readings. Allco Steel (unrep. Master Horton QC, 12 March 1990) was long thought to stand for the proposition that agreements to mediate were unenforceable. Then came Mullins  LPT 012, which either presaged a new world of mediation advocacy ethics or represented an utterly conventional application of the law of fraudulent misrepresentation.
Now we have Collins v Queensland  QSC 154 (5 June 2020), which either foreshadows the end of any prospect of holding mediators liable for their conduct or represents an utterly conventional application of the law of contract.
In this Webinar Laurence Boulle AM excitedly informs you that Collins might upset the law of mediator liability established by Tapoohi, while Robert Angyal SC will calm your jangled juridical nerves by placing Collins in the context of contract. The presenters interrogated each other adversarially on their respective views.
You be the judge ... er, mediator.
Participants are encouraged to read Collins v Queensland before the webinar.
Register yourself and gain valuable CPD points.
About the speakers
Laurence Boulle AM
Laurence Boulle studied Arts and Law, after which he practiced for five years in crime and labour law. As an academic he undertook Masters and Doctoral degrees and after various university positions became a foundation staff member at Bond University, Qld. Here he established the Dispute Resolution Centre in the late 1980s.
As a pracademic Laurence has straddled practice and theory for many years. His academic self is alarmed by what he does as a mediator and as a practitioner he is confused by what he says in theory. He has nonetheless trained thousands of lawyers, judges, teachers, health professionals and others throughout Australia and many overseas countries, most recently in the Cook Islands.
Laurence’s books, largely unread, have been published in seven jurisdictions and he has been chair of NADRAC, the MSB and NMC over the years, before being asked to move on in each case. He currently works as a freelance teacher, trainer and mediator and holds a fractional position as Blake Wiese Professor of Legal Ethics at the University of Newcastle Law School. He is known internationally as not being a thought leader.
Robert Angyal SC
Robert Angyal (pronounced “Angel”) holds a Bachelor of Arts degree from Sydney University; a Bachelor of Laws with first-class honours from Sydney University Law School; and a Masters of Law from Yale Law School. Robert lived and worked overseas for ten years and was admitted to practice in the United States for 40 years.
A barrister since 1989, Robert took Silk in 2004 and has a broad civil practice encompassing retail leasing, real property generally, trade practices, contract, succession and insolvency. He is co-editor of the Property and Conveyancing Section of The Australian Law Journal.
As well as practising as a barrister, Robert has been a pioneer in mediation at the Sydney Bar. Since 1991, he has mediated hundreds if not thousands of disputes in a broad range of areas and also represents clients at mediations. He has just been recognised by Doyle’s List 2020 as one of NSW’s leading mediators.
Robert has also been a pioneer in educating barristers in the need to skill up in mediation advocacy. He believes strongly that mediation no longer can be called “alternative dispute resolution” because it now is ubiquitous in civil proceedings. Because of this, the Bar risks missing out on a large amount of work unless barristers become skilled at mediation advocacy and learn to promote their skills as mediation advocates.
Robert has done extensive work in the area of ethical restraints on mediation advocacy and, later this year, will teach an on-line course for the Commercial Law Association offering accreditation in mediation advocacy.