Conference Papers & Presentations
IAMA National Conference May 2009
'Resolution and Resilience: ADR in the Global Recession'
Plenary 1 - Keynote Address
'Challenges and Opportunities: ADR in the Global Recession'
The Hon Robert McClelland MP, Attorney General of Australia
Plenary 2 - Keynote Address
'No Longer the Detour: ADR and the Smart Road to Justice '
The Hon Rob Hulls MP, Deputy Premier of Victoria and State Attorney General of Victoria
Plenary 3 - 'The Global Recession: Wisdom versus Process’
Michael Gill, CEO of Fairfax Business Media and publisher of The Australian Financial Review and Business Review Weekly
Session 1 Theme
‘Mediation is Good Business Practice’
Michael Redfern
Session 1 Theme
‘The New Frontier:Investment Arbitration'
Dr Chester Brown
Session 1 Theme
‘Adjudication: Waxing or Waning in a Global Recession?’
Warren Fischer and Karyn Reardon
Session 2 Theme
‘Successful Negotiation Strategies for Commercial Disputes’
Harold Werksman
Chair: Dr Samantha Hardy
Session 2 Theme
‘International Dispute Resolution in the Global Financial Crisis’
Professor Doug Jones AM
Chair: Damian Sturzacker
Session 2 Theme
‘It Takes Two to Tango: Judicial Encouragement of ADR’
David Levin QC
Chair: The Hon Justice Peter Vickery QC
Plenary 4 - ADR and the Australian Football League
Henry Jolson QC, Board Member of the Western Bulldogs
Chair: Gabrielle Trainor
Plenary 5 - ‘The Survey of Online Mediation in South East Asia’
Dato Noorashikin Banti Tan Sri Abdul Rahim
‘Transforming Conflicts in the Asia Pacific Region: A Framework for Addressing the Issues of Culture, Power and Social Justice’
Associate Professor Dale Bagshaw
Chair: The Hon Sir Laurence Street AC KCMG QC
Conference Dinner
Master of Ceremonies
Richard Ackland, Award-Winning Broadcaster, Journalist and Publisher
'ADR in Australia - Without Fear or Favour'
The Hon Michael Kirby AC CMG, Retired Justice of the High Court of Australia
Session 3 Theme
‘Bilateral Investment Treaties, Disputes and their Resolution’
AA (Toni) de Fina OAM
Chair: Michael Sweeney
Session 3 Theme
‘The Relevance of ADR in a Global Recession: Dispute Resolution in
Commercial Enterprise Contracts’
Penny Mudford
Chair: Scott Ellis
Session 3 Theme
‘Dispute Boards in Major Infrastructure Projects: An Australasian Perspective’
Graham Easton and Graeme Peck
Chair: Ian McIntyre
Session 4 Theme
‘ADR in Financial and Banking Disputes of Investment Products – A
case study and developments in Hong Kong from the collapse of Lehman Brothers’
John Rundell
Chair: David McGrane
Session 4 Theme
‘Streamlining ADR Processes in Response to Increased Volumes
of Conflict and the Economic Downturn’
Rashda Rana
Chair: Andrew Kincaid
Session 4 Theme
'Maritime Arbitration in Australia at a time of Recession – Threat or
Opportunity?’
Ron Salter
Chair: Clyde Croft SC
Session 5 Theme
‘Meeting Disputants Needs in the Current Climate: What has
Gone Wrong with Arbitration and How Can We Repair It’
Beth Cubitt and Peter Megens
Chair: Philip Kennon QC
Session 5 Theme
‘A Piece of the Peace: Designing Effective Peace Agreements’
Alysoun Boyle
Chair: The Hon Sandra Nori
Session 5 Theme
‘The Cases For and Against Harmonisation of Security of Payment
Regimes in Australia’
David Campbell-Williams and Robert Riddell
Chair: BA (Toby) Shnookal
Session 6 Theme
‘Arbitrator Involvement in Taxation, Assessment or Settlement of Costs’
Robert Thyer
Chair: Richard Manly SC
Session 6 Theme
‘Smashing through Roadblocks to Settlement: Non-binding
Determinations in Mediation’
Peter Wood
Chair: Peter Callaghan SC
Session 6 Theme
Claims Management and Dispute Resolution on Thin Ice’
Graeme Robinson
Chair: Bryan Ahern
Session 7 Theme
‘Commercial Mediation, Front and Back End: – Interactive
Workshop’
Jim Cyngler
Chair: Lawrence Reddaway
Session 7 Theme
‘Cross Border Investment, Arbitration and a New World Order –
What does it mean for Australia?’
Damian Sturzaker
Chair: The Hon Neil Brown QC
Session 7 Theme
‘Workplace Relations under Fair Work Australia’
Chris Ronalds AM SC
Chair: Hugh McArdle
Plenary 6 - ‘Customers, Complaints and Courts: A Global Corporation’s View in Challenging Times’
Sue Laver, General Counsel, Dispute Resolution, Telstra Corporation Limited
Chair: Gordon Hughes
Plenary 7 - ‘Mediating Change: A Case Study’
Anna Booth
Chair: Paul Crowley
Plenary 8 - ‘Government Enquiry into Alternative Dispute Resolution in the Civil Justice System’
The Hon Justice Murray Kellam AO, Justice of the Court of Appeal, Supreme Court of Victoria
and Chair of the National Alternative Dispute Resolution Advisory Council Chair: Laurie James
Session 8 Theme
‘Australian Developments for Dealing with Family Law and the Use of Innovative ADR Options’ Barbara Campbell
Chair: Miriam Orwin
Session 8 Theme
‘The Non-Existent Contract in International Arbitration’
Associate Professor Bruno Zeller and Kristy Haining
Chair: Richard Lightfoot
Session 8 Theme
‘ADR and the ICT Strategy’
Anthony Grieve
Chair: Matt Lumsdaine
Session 9 Theme:
‘Conflict in the Compact City: Dilemmas and Issues in High Density Dispute Management’
Peter Condliffe
Chair: Marcel Alter
Session 9 Theme
‘The Application of Arbitration in the Surveying Field in Hong Kong’
Sun-Chuen Leung and Tony Leung
Chair: Julian Hill
Session 9 Theme
‘Construction Adjudication in Malaysia'
Dato Kevin Woo
Chair: Mark Griffith
Session 10 Theme
The Australia-China Legal Profession Development Program’
Madam Zhou Wen, Madam Deng Yalan, Sandra Purser
Chair: Andrew Robertson
Session 10 Theme
‘Reform of the Australian Domestic Arbitration Acts – It’s Time!’
Albert Monichino
Chair: Professor Ian Bailey SC
Session 10 Theme
‘ADR Trends Affecting the Real Economy’
Khory McCormick
Chair: Vicki Ioannides
Session 11 Theme
‘Arbitrating Factually Intensive Disputes – a Means of Differentiation?’
Michael Earwaker
Chair: Donald Charrett
Session 11 Theme
‘Recent Developments Available in Australian Courts to Support International Arbitration’
Bronwyn Lincoln Chair: Hugh Foxcroft SC
Session 11 Theme
‘Adjudication in the Global Recession: Of Use but Currently Open to Abuse’
David Court
Chair: Michael Heaton QC
ACICA Conference December 2009
'International Commerical Arbitration:
'Efficient, Effective, Economical?'
Friday 4 December 2009
Conference Program
'Opening Address'
by Attorney-General, The Hon Robert McClelland MP
'The New Framework for International Commercial Arbitration in Australia'
Presented by:
The Hon Justice Clyde Croft, Supreme Court of Victoria
David Fairlie, Director of Arbitration, ACICA; General Counsel, Competitive Foods Australia
Ian Govey, Deputy Secretary, Civil Justice and Legal Services, Attorney-General's Department
'Adopting the UNCITRAL Model for Domestic Arbitration in Australia'
Presented by:
Professor Doug Jones AM, President ACICA; Partner, Clayton Utz
'The Supreme Court's Perspective on Arbitration'
Presented by:
The Hon
Marilyn Warren AC, Chief Justice, Supreme Court of Victoria
Introduced by:
Michael Brett Young, Chief Executive Officer, Law Institute of Victoria
'Resolving Disputes Through Arbitration'
Presented by:
Professor Peter Megens, Partner Mallesons Stephen Jaques
Robert Kus, Director, LECG Forensic Services
'Effective Advocacy: Hypothetical'
Presented by:
Michael Shand QC, Victorian Bar
Rashda Rana, General Counsel, Bovis Lending Lease
Damian Sturzaker, Partner, MARQUE Lawyers
Commentary by:
The Hon Justice John Middleton, Judge, Federal Court of Australia
'Structuring Your Transactions to Take Advantage of Bilateral Investment Treaties'
Presented by:
Alexander Baykitch, Partner, Holman Fenwick Willan LLP
Signing Ceremony for the Memorandum of Co-Operation Between ACICA, IAMA & CIArb
Presented by:
Professor Doug Jones AM, President, ACICA; Partner, Clayton Utz
The Hon Michael Kirby AC CMG,
President, The Institute of Arbitrators and Mediator Australia; Former Judge, High Court of Australia
Derek Minus, President, The Chartered Institute of Arbitrators in Australia
'Controlling the Arbitration Process'
Presented by:
Bronwyn Lincoln, Partner, Freehills
Elisabeth Opie, Corporate Secretary, CSIRO
Andrea Ingram, Investigations Officer, Telecommunications Industry Ombudsman
'Closing Address - Cultural Impediments to Resolving International Conflict'
Presented by:
The Hon Michael Kirby AC CMG, President, The Institute of Arbitrators and Mediators Australia; Fromer Judge, High court of Australia
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