*Please note that the links to the content in this Part will direct you to Westlaw AU.

To purchase an article, please email: [email protected] or contact us on 1300 304 195 (Australian customers) or +61 2 8587 7980 (international customers) during business hours (Mon-Fri, 8am-6pm AST).

The latest issue of the Journal of Civil Litigation and Practice (Volume 8 Part 3) contains the following material:

EDITORIALGeneral Editors: Roderick Joyce QSO QC and Professor Michael Legg

  • Barristers’ Fees a Reaffirmation of Traditional Obligations in New ZealandRoderick Joyce QSO QC
  • Case Management and Judicial BiasMichael Legg

Articles

Piloting Online Dispute Resolution Simulations for Law Students Studying Alternative Dispute Resolution: A Case Study Using Modria Software at Victoria University – Nussen Ainsworth, Colin Rule and John Zeleznikow

Alternative dispute resolution (ADR) is now commonly taught in Australian law schools, but primarily as an elective. While the notion of online dispute resolution (ODR) has existed for 20 years, using information technology to support the teaching of ADR is a rare occurrence in Australian law schools. This article traces the recent development of ODR and its significance for legal practitioners. In particular, it demonstrates how ODR can support the teaching of ADR, especially through the use of artificial intelligence and simulations. Victoria University ADR students were asked to conduct an ODR simulation, write a report on the simulation and also submit a letter of advice after the ADR process, with the production of either a mediation deed of settlement or an arbitration award. This article reports on the students’ evaluation of the course and its benefits for ADR students.

Using ADR Techniques to Enhance the Integrity and Utility of Expert Evidence – Fleur Y Kingham

The Land Court of Queensland relies heavily on expert evidence to resolve disputes about land valuation, compensation and access to land for resources projects. The integrity of the evidence is, therefore, critical to the quality of the Court’s decisions. The Court has recently introduced Court Managed Expert Evidence (CMEE) to ensure expert evidence is independent, objective and addresses the critical issues. Alternative dispute resolution (ADR) techniques underpin the design of the CMEE process and are key to its implementation. This article explains the process, identifies the influence of ADR, considers the potential benefits and how the Court will evaluate the process.

CASE NOTEEditor: Louise Beange

  • Apparent Authority in the Privy Council: East Asia Company Ltd v PT Satria Tirtatama Energindo William Fotherby

For the PDF version of the table of contents, click here: JCivLP Vol 8 No 3 Contents.

Click here to access this Part on Westlaw AU

For general queries, please contact: [email protected]