Family Law Review update: Vol 7 Pt 1
The latest Part of the Family Law Review includes the following material: “The prevalence of allegations of family violence in proceedings before the Federal Circuit Court of Australia” – Judge Joe Harman; “Another tool in their arsenal? The potential of domestic violence typologies to inform family law alternative dispute resolution processes” – Hayley Boxall and Dr Jason Payne; “The reach and efficacy of s 121 of the Family Law Act” – Sharon Rodrick and Adiva Sifris; Child Support: “Child support and the autochthonous expedient” – Simon Bacon; Property and Financial Arrangements: “Justice, equity and alteration of individual property interests” – Will Stidston and Anna Parker; Practice and Procedure: “The teetering capacity of family law litigants: The risks to mentally ill litigants when the court is unaware they lack capacity” – Bridget Cullen; In the High Court: “Parenting orders, children’s views, order in favour of ‘strangers’: Bondelmonte – Dean Foley; and Recent Cases: Lane v Nichols, Masters v Cheyne, Fewster v Drake, and Russo v Wylie.
Building and Construction Law Journal update: December 2016
The latest Part of the Building and Construction Law Journal includes the following article: “Expert Determination – The Peter Pan of ADR? Challenges to the Expert Determination Process and Practical Insights for Its Use” – Leigh Duthie. Also in this Part is an Editorial; and the following case Reports: RCR O’Donnell Griffin Pty Ltd v Forge Group Power Pty Ltd (Receivers and Managers Appointed) (in liq) & Ors [2016] QCA 214; and The Owners – Strata Plan No 77475 v Walker Group Constructions Pty Ltd & Anor [2016] NSWSC 1127.
Forever young? Expert determination in the construction industry
In the context of a range of available models competing with each other as alternatives to litigation for resolving commercial disputes in the construction industry – driven in part by court-led demand for expedition in litigation – Leigh Duthie in the Building and Construction Law Journal (Vol 32 No 6) considers the future of expert ...more
Journal of Civil Litigation and Practice update: September 2016
The latest Part of the Journal of Civil Litigation and Practice includes the following articles: “Three contemporary issues in civil litigation: Discovery, expert evidence, and alternative dispute resolution” – The Honourable Thomas Frederick Bathurst AC; “Civil justice: Haves, have-nots and what to do about them” – Justice Stephen Kós; and “Disaster & resilience: The Canterbury earthquakes and their legal aftermath” – Justice Stephen Kós. Also in this Part are the editorial Comments on “Experts and Opinion Evidence” – Damien J Cremean; and “A Question of Malice: United Kingdom Supreme Court Justices Split 5-4 in Willers v Joyce (Executors of Albert Gubay Deceased) [2016] UKSC 43” – Roderick Joyce.
Local Government Law Journal update: August 2016
This Part of the Local Government Law Journal includes the following content: “Neighbour disputes: ADR opportunities for councils in NSW” – Frances Richards; Local Government & Planning Law Guide cases; and a Digest of cases.
Australasian Dispute Resolution Journal update: May 2015
The latest part of the Australasian Dispute Resolution Journal includes the following articles: “Resistance to the teaching of ADR in the legal academy” – Pauline Collins; “Landing in the right class of subject to contract agreements” – David Spencer; “Tipping the scales – to what extent does the presence of power imbalances detract from the efficacy of principled negotiation?” – John Woodward; “A theory of interest-based dispute management in business format franchising” – Courtenay Atwell; “Zombie mediations” – Dr Rhain Buth; and “Using conflict coaching to support people to develop a secure mind in relation to conflict” – Karen Prime.
Australasian Dispute Resolution Journal update: August 2014
The latest Part of ADRJ includes the following articles: “Information, power and relationships: Minimising barriers to access to justice for end of life disputes” – Katherine Curnow; “Representing clients from courtroom to mediation settings: Switching hats between adversarial advocacy and dispute resolution advocacy” – Donna Cooper; “Court connected dispute resolution – whose interests are being served?” – John Woodward; “Multiple party mediation: Complexities and strategies” – Helen Shurven; and “Loss and hope in family dispute resolution” – Mieke Brandon.
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Journal of Civil Litigation and Practice update: November 2014
The latest Part of the Journal of Civil Litigation and Practice publishes the following articles: “Reasonable and proportional discovery in the digital paradigm: The role of lawyers and judges in the context of the New Zealand discovery rules” – David Harvey; “‘A different day in court’: Exploring the place of judicial mediation in Ontario’s alternative dispute resolution landscape” – Nicole Aylwin and Trevor C W Farrow; and “The system of employment rights dispute in Ireland” – Caroline Bergin-Cross. There is also a Comments section and case notes for the following cases: Cash Converters International LTD v Gray and Electricity Generation Corporation (t/as Verve Energy) v Woodside Energy Ltd.