Misrepresentation and ethics in mediation
Mediation involves the fundamental proposition that a lawyer must never make a representation to an opponent or mediator that is known to be untrue. By…
By Campbell Bridge SC - 1 min read
Court-referred ADR: Judicial perceptions
An Australian Institute of Judicial Administration study explores judiciary perception of and makes use of court-referred alternative dispute resolution. By PIP RYAN.
By Pip Ryan - 2 min read
Australia secures costs in plain packaging arbitration
Australia recovered a portion of its legal and other costs incurred as respondent in arbitral proceedings commenced by Phillip Morris in 2011. By STEPHEN TULLY.
By Stephen Tully - 3 min read
The costs of failing to attend court-ordered mediation
There are many benefits to court-ordered mediation but the parties and mediator also have a number of obligations which are often overlooked. By ANTHONY LO…
By Anthony Lo Surdo SC - 1 min read
International arbitration practice: taking advantage of the flexibility
Interrnational arbitration is increasingly chosen for resolving disputes with a cross-border element. Cost and flexibility are among the attractions. By DUNCAN WATSON.
By Duncan Watson - 2 min read
Timor gap conciliation set to proceed
A United Nations Conciliation Commission recently decided that conciliation proceedings can proceed between Timor-Leste and Australia. By STEPHEN TULLY.
By Stephen Tully - 1 min read
Arbitration in family property proceedings: exploring the potential
New arbitration rules commence at the beginning of April, creating a comprehensive framework for the resolution of property disputes under the Family Law Act. By…
By Patrick Parkinson - 2 min read
Institutional responses to child sexual abuse: the latest on the proposed redress scheme
The Royal Commission into Institutional Responses to Child Sexual Abuse’s recommendations are relevant to practitioners advising clients who may be either survivors of abuse, or…
By Matthew Shepherd - 2 min read
Understanding investor-state dispute settlments
The China-Australia Free Trade Agreement (ChAFTA), signed 17 June, represents a historic milestone, giving Australian businesses the ability to operate in China and trade with…
By Alex Baykitch and Aleks Sladojevic - 2 min read
The case for modern mediation
Contemporary mediation is a structured and highly strategic process available to be employed in almost every type of civil litigation. By THE HON. DENNIS COWDROY…
By The Hon Dennis Cowdroy OAM QC - 1 min read