International arbitration: reconsidering the hearing Bronwyn Lincoln, partner with Corrs Chambers Westgarth, asks: Is an arbitration hearing actually required? Her article moves beyond the question of how a hearing should proceed and encourages parties, their counsel and tribunals to instead ask whether a hearing is required – a particularly pertinent question during the COVID-19 pandemic. See the full text at: Is a hearing actually required?
The Family Courts have formalised support for alternative dispute resolution with the introduction of an Arbitration List. On 6 April 2020, the Hon William Alstergren, Chief Justice of the Family Court of Australia and the Chief Judge of the Federal Circuit Court of Australia announced that to support the development and promotion of arbitration for property matters in family law, the Family Court of Australia and the Federal Circuit Court of Australia (the Courts) have established a new specialist list in each Court, to
Access Arrangements for Coal and Coal-seam Gas in NSW was the subject of a Seminar held by the NSW Farmers Association recently. Prospecting and mining for coal and coal seam gas (CSG) is a hot topic in NSW at the moment with the new State Government declaring a 90 day moratorium on issuing further licences. NSW farmers are concerned about mining exploration for coal and coal-seam gas on their land. This prompted the NSW Farmers Association to invite farmers, solicitors, government
On 2 December 2010, the Senate Standing Committee on Legal and Constitutional Affairs provided its report on proposed amendments to the Civil Dispute Resolution Bill 2010 (CDR). The object of the CDR is to ensure that people take ‘genuine steps’ to resolve disputes before instituting civil proceedings in the Federal Court or Federal Magistrates Court. The aim of the Bill is to: change the adversarial culture often associated with disputes; focus on resolution before parties become entrenched in litigation; ensure
Australia has an agreeable reputation for legal professionalism and we are able to rely on our legal system and courts to provide reasoned and just decisions. However, our increasingly regulated society provides all types of disputes for which determination by a court is an unwieldy and expensive solution. The vast majority of matters filed in courts never reach a final determination and are instead settled out of court by negotiation, agreement or abandonment. As a result, Australian courts are increasing
Welcome to the Med-Arb Blog. We will update you regularly with information, news, events, and opinions concerning mediation, arbitration, and Med-Arb. Our bloggers are from the Mediation & Arbitration Chambers, Australia’s first national dispute resolution practice to promote and employ integrated mediation and arbitration process. The organisation was established to meet the need of commercial organisations that are seeking flexible, final and confidential dispute resolution services, provided by competent and qualified legal professionals. We hope that you’ll enjoy your time reading