new horizons 2o14 conference - the institute of ... iama conference delegates... · new horizons...

New Horizons2O14 ConferenceCANBERRA: 2 – 4 MAY 2014DELEGATES BOOKLET

New Horizons2O14 ConferenceCANBERRA: 2 – 4 MAY 2014

Conference snapshot CONFERENCE THEME: ‘New Horizons’

WHEN: Friday 2 May 2014 – Sunday 4 May 2014

WHERE: Canberra – the birthplace of IAMA

PROGRAM OUTLINE:

DATE TIME KEY ACTIVITIES Friday 2 May 2014 Evening

7.30pm – 9.30pmWelcome function

Saturday 3 May 2014 Full day 9.00am – 4.30pm

4.30pm – 5.00pm

Conference commences Plenary and stream sessions

AGM

Evening 6.30 – 11.45pm

IAMA National Conference Gala Dinner National Portrait Gallery

Sunday 4 May 2014 Morning 9.00 – 1.45pm

Conference continues Plenary and stream sessions

Conference concludes at 1.45pm

DID YOU KNOW?The IAMA Arbitration Rules were last updated in June 2007. The new 2014 rules will

complement the new Australian arbitration legislation that gives arbitrators new areas of legislative power, streamlining processes and reducing the need to revert to the courts.

2

3


WELCOMEWelcome to Canberra for the 2014 IAMA National Conference.

This year, the Conference has particular significance: the theme “NEW HORIZONS” will stimulate the exchange of ideas about innovations in dispute resolution and management as we look to the future of ADR in Australia.

With an exceptional program including a keynote address by the Federal Attorney-General and Minister for the Arts, Senator the Hon George Brandis QC, and featuring national speakers, key practitioners and academics, plenary sessions, panel discussions and interactive workshops – there will be extensive opportunities for you to network with leading ADR professionals and learn first hand about emerging trends in ADR.

Our Conference will also herald a new era in dispute resolution in Australia as domestic arbitration is reformed with the launch of the new IAMA Arbitration Rules. The new Rules will commence operation on and from their launch at the Welcome Cocktail Reception at the start of the Conference on 2 May 2014.

To celebrate the launch of the new Rules, IAMA has returned to Canberra, where the Institute was first established 39 years ago.

I look forward to joining you over the next couple of days of thought-provoking presentations such as the plenary session with the Hon Len Roberts-Smith RFD QC, Chair of the Defence Abuse Response Taskforce on “Restorative Engagement: Beyond the Horizon”.

The final plenary session is highly engaging as Robert Cockerell, Executive Director of Korda Mentha, presents on “Lie to Me: Advanced Detection of Deception in the Dispute Resolution Process”.

The program then divides into 3 concurrent steams providing you with a unique opportunity to learn from leading experts as we create bold “NEW HORIZONS” in ADR.

Saturday night’s fabulous Gala Dinner at the National Portrait Gallery will commence with a private viewing of the Gallery and include a keynote address by renowned international art crimes expert Judge Arthur Tompkins.

I welcome you to the NEW HORIZONS Conference and look forward to seeing you in Canberra.

Warm regards

Rowena McNally National President The Institute of Arbitrators & Mediators Australia (IAMA)

CONFERENCE PROGRAMFRIDAY, 2 MAY 20142:00 pm – 8:00 pm Conference Registration opens – Foyer, QT Hotel Canberra4:00 pm – 5:30 pm IAMA National Council Meeting – National Councillors only required7:30 pm – 10:30 pm Welcome Cocktail Reception, Cahoots Private Bar, Ground Level, QT Hotel

Including Official Launch of the new IAMA Arbitrations Rules 2014MC: Suzanne Greenwood, IAMA National CEOWelcome Address: Rowena McNally, IAMA National PresidentRules Launch: Speaker: Russell Thirgood and Warren Fischer

SATURDAY, 3 MAY 20147:30 am Conference Registration opens9:00 am – 9:15 am Official Conference Welcome and Opening:

Rowena McNally, IAMA National President9:15 am – 9:45 am Plenary – Keynote Address:

Federal Attorney General & Minister for the Arts Senator The Hon George Brandis QC Topic: “View of ADR from the AG’s office”

9:45 am – 10:30 am Plenary – The Hon Len Roberts-Smith RFD QC, Chair Defence Abuse Response Taskforce Topic: “Restorative Engagement: Beyond the Horizon”

10:30 am – 11:00 am MORNING TEA11:00 am – 12:30 am Plenary – Robert Cockerell, Executive Director (Forensic), Korda Mentha

Topic: “Lie to Me: Advanced Detection of Deception in the Dispute Resolution Process”12:30 pm – 1:30 pm LUNCH

Meeting Room 1 Meeting Room 2 Meeting Room 3 1:30 pm – 2:15 pm Speaker: John P Fisher

Topic: “Visualisaton of Disputes in a B.I.M. World”Chair: Chris Lenz

Speaker: Michael Heaton QC Topic: “Arbitration 2014 – Recent Cases & Benefits of the new Act”Chair: Anthony Grieve

Speaker: Dr Stuart Carr Topic: “Dispute Resolution for SMEs – Have we made progress?”Chair: John Savage

2:15 pm – 3:00 pm Speaker: Auke (JJ) Steensma Topic: “The Construction Contracts Act 2004 (WA) – Trends and Issues 2005 to 2013”Chair: Jonathan Smith

Speakers: Warren Fischer and Russell Thirgood Topic: “New IAMA Arbitration Rules 2014”

Speaker: Dr Penny Webster, Barbara Kwiecien and Delcy Lagones de Anglim Topic: Ethics for Mediators – ethical dilemmas panel discussion Chair: Graeme Robinson

3:00 pm – 3:30 pm AFTERNOON TEA3:30 pm – 4:15 pm Speaker: Craig Sawford,

Charles Brannen and Jennifer Irwin Topic: “Security of payment reform in NSW and Queensland – fast-moving and divergent approaches”(Hosted by IAMA Corporate Member: Colin Biggers & Paisley)

Speaker: Albert Monichino QC Topic: “Arb-Med: Brave New World”Chair: Byan Ahern

Speaker: Jeremy Gormly SC Topic: “The 7 Categories of Litigation – Why ADR is here to stay”Chair: Alysoun Boyle

4:30 pm – 5:00 pm IAMA Annual General Meeting 20142013 Review & Announcement of IAMA National Council 2014 – 2016: Rowena McNally, IAMA National PresidentPresentation of 2013 Annual Report: Jonathan Smith, IAMA Honorary Treasurer

6:10 pm Buses start leaving QT Hotel for The National Portrait Gallery of Australia6:30 pm Pre-dinner canapés and drinks, forecourt of The National Portrait Gallery,

including self-guided private viewing of The Gallery between 6:45pm – 7:30pm.7:30 pm GALA DINNER, THE NATIONAL PORTRAIT GALLERY OF AUSTRALIA

Keynote Address: Judge Arthur Tompkins: Topic: “An International Art Crime Tribunal: Adjudication, Dispute Resolution and More”Entertainment: Band of the Giants

11:45 pm Buses depart the Gallery for QT Hotel


4

SUNDAY, 4 MAY 20148:30 am Conference Registration opens

Meeting Room 1 Meeting Room 2 Meeting Room 39:00 am – 9:45 am Speaker: John Bond QC

Topic: “Has Derek Crouch risen from the dead?” Case law review post-Northern Regional Health Authority v Derek Crouch Construction Co Ltd [1984] 1 QB 644Chair: Luke Preston

Speakers: John Hockley and Professor Gabriël Moens Topic: “Interim Measures in the Commercial Arbitration Acts”Chair: John P Fisher

Speaker: Keith Redenbach Topic: “NCAT: The New Super Tribunal”Chair: Sam Wilson

9:45 am – 10:30 am Speakers: Damien Browne, Assistant Commissioner – Review & Dispute Resolution, Australian Taxation Office Topic: “The ATO and dispute resolution, including Independent Review and initiatives around earlier and alternative disputes resolution”Chair: David Egarr

Speaker: Stephen White Topic: Arbitration case study – “Lessons from Larkden Pty Ltd v Lloyd Energy Systems cases” Chair: Michael Heaton QC

Speaker: Matthew Burns Topic: “The Psychology of Mediation & psychological impacts on mediators – how resilient are you?”

10:30 am – 11:00 am MORNING TEA11:00 am – 11:45 am Speaker: Ross Williams and

Karyn ReardonTopic: “Construction for Arbitraitors”Chair: Angela Summersby

Speaker: The Hon Neil Brown QC Topic: “Dispute Resolution Procedures and Policies for new gTLDs (generic Top Level Domains)”Chair: I-Ching Tseng

Speaker: Alysoun Boyle, IAMA National Vice President Topic: Advanced Mediation Skills Workshop – “Building Rapport, Developing Trust & Saving the Bottom Line: What do you do?”11:45 am – 12:15 pm Speaker: Alastair Oxbrough,

Society of Construction Law Australia Topic: “Reform of Australian Security of Payment & Adjudication – SoCLA Review”Chair: Toby Shnookal QC

Speaker: Khory McCormick Topic: “Arbitration in the International Arena & International Arbitral Bodies”Chair: Deborah Lockhart, AIDC CEO

12:15 pm – 12:45 pm Plenary Closing: Rowena McNally, IAMA National President12:45 pm – 1:45 pm LUNCH


CONFERENCE PROGRAM

A special thank you to our sponsorsIAMA wishes to thank the following sponsors for their generous contribution towards the 2014 National Conference.

SPONSORSPONSOR OF COFFEE CART

HWL Ebsworth is the 5th largest legal partnership in Australia with offices in Brisbane, Canberra, Melbourne, Norwest (North Western Sydney), Perth and Sydney. We are also delighted to announce that we will be welcoming the team from Kelly & Co Lawyers to form a new HWL Ebsworth Adelaide office by 1 July 2014.

We are proud to be a sponsor of the Institute of Arbitrators & Mediators New Horizons 2014 Conference.

hwlebsworth.com.au

▪ Experienced, technically excellent teams▪ Value for money▪ A relationship focused approach▪ Efficient resource allocation▪ Commercial, no-nonsense advice

Brisbane | Canberra | Melbourne | Norwest | Perth | Sydney hwlebsworth.com.au

Innovation, Quality, CourageThe Australian commercial law firm of choice for market leading expertise and exceptional value.

For clients we offer:

LAW FIRM OF THE YEAR 2013, 2012 & 2010Australian and New Zealand Institute of Insurance and Finance

SPONSOR OF WELCOME FUNCTION SPONSOR OF PLENERY SESSIONS SPONSOR OF GALA DINNER

IAMA would like to acknowledge that this meeting is being held on the traditional lands of the Ngunnawal people, and pay their respect to elders both past and present.

ACKNOWLEDGEMENT OF COUNTRY

5

6


About IAMA The Institute of Arbitrators & Mediators Australia (IAMA) is the largest and most established Alternative Dispute Resolution (ADR) organisation in Australia. Founded in 1975, our members include some of Australia’s most eminent and experienced ADR professionals from a diverse range of sectors including commercial, legal, industry, education and government.

About the conference The IAMA National Conference is the most important date in the ADR calendar.

This year, the conference has particular significance: the theme ‘New Horizons’ will stimulate the exchange of new ideas and discuss where the freshly launched IAMA Arbitration Rules will take the profession. To celebrate the launch of the new rules, the conference will return to Canberra, where IAMA was first established 39 years ago.

With an exceptional program featuring national speakers, key practitioners and academics, plenary sessions, panel discussions and interactive workshops, there will be extensive opportunities for you to network with leading ADR professionals and learn firsthand about emerging trends in ADR.

CPD pointsIAMA members may claim 15 CPD points for attendance of the full conference. Partial claims are calculated at the rate of 1 point per hour of attendance (excluding refreshment and meal breaks).

Important information for all delegates Registration Desk

Please register at the Registration Desk to receive your conference satchel and name badge.

Staff at the Registration Desk will be very happy to assist you with any inquiries about your conference registration or social functions.

The Registration Desk will be open at the following times and locations:

Friday 2 May 2014 3.00 pm – 5.00 pm QT Canberra Foyer

Saturday 3 May 2014 7.00 am – 10.00 am QT Canberra Conference level

Sunday 4 May 2014 7.00 am – 10.00 am QT Canberra Conference level

Conference registration entitlements

Full conference delegates are entitled to attend: All conference sessions

Morning and afternoon teas and lunches

Friday night Welcome Reception and Saturday night Gala Dinner

Speakers

Please report to the Registration Desk on your arrival.

Conference etiquette

As a courtesy to speakers and other delegates, please turn off or mute your mobile phone before entering conference sessions.

7


Name badge

All delegates will be given a name badge on registration. We ask that you wear your name badge at all times. This name badge is your official entry pass to all conference sessions, morning and afternoon teas, lunches and social functions.

Should you misplace you name badge, please see the staff at the Registration Desk who can arrange a replacement.

Conference catering and special dietary requirements

Morning tea, lunch and afternoon tea will be served daily outside the conference area.

Please indicate any special dietary requirements when registering online. If you have ordered special meals, please ask staff for your arranged meal.

Conference attire

We recommend the following dress codes:

Friday night welcome function Business attire

Conference sessions Business attire

Saturday night Gala Dinner Women: Cocktail attire Men: Lounge suit

Conference and social function venues

Friday night welcome drinks QT Canberra, Cahoots Private Bar, Ground level

Saturday conference sessions QT Canberra, Level 1 conference area

Saturday night Gala Dinner National Portrait Gallery of Australia

Sunday conference sessions QT Canberra, Level 1 conference area

Level 1 A Plenary RoomA Meeting Room 1 B Meeting Room 2C Meeting Room 3D Registration Desk

A B

C

D

8


Welcome drinks and canapés

When: Friday 2 May 2014, 7.30 pm – 9.30 pm

Where: QT Canberra, Cahoots Private Bar,

Ground level

Dress code: Business attire

The welcome function is open to all conference delegates who register for the full conference program or who have purchased a social pass for this event.

Gala Dinner

When: Saturday 3 May 2014, 6.10 pm – 11.45 pm

Where: National Portrait Gallery King Edward Terrace, Parkes

Dress code: Women — cocktail attire Men — lounge suit

The multi-award winning National Portrait Gallery is situated on King Edward Terrace, Parkes, within the Parliamentary Triangle, and is bounded by the High Court of Australia and the National Gallery of Australia.

Enjoy a self-guided viewing of the gallery before dinner. After dinner, you will be enthralled by Judge Arthur Tompkins keynote address “An International Art Crime Tribunal: Adjudication, Dispute Resolution and More”.

Gala Dinner times

No food or drink is allowed within the gallery.

Bus leaves hotel for National Portrait Gallery: 6.10 pm

Pre-dinner canapés and drinks 6.30 pm Self-guided viewing of gallery 6.45 pm

Entree served 7.30 pm Main course served 8.00 pm Dessert served 9.00 pm Dancing 9.30 pm

Bus departs gallery for QT Canberra from 10.30pm with last bus leaving at 11.45 pm



hwlebsworth.com.au






SPONSORED BY

SPONSORED BY

Conference social functions

9


VENUE

QT Canberra (formely Rydges Lakeside)1 London Circuit,Canberra CBD ACT 2601Phone: 02 6247 6244

After a $6 million refurbishment, QT Canberra (previously Rydges Lakeside) is one of Canberra’s finest hotels with a contemporary and, at times, quirky design.

All 205 guest suites feature soft beds to fall into and all the business-savvy mod cons you need to get the job done. You will enjoy:

• Unique marketplace styled restaurant• 24-hour Reception• 24-hour Business Centre• Internet access

Check-in and check-out times

Hotel check-in: 2.00 pmHotel check-out: 11.00 am

Incidental expenses

Delegates will need to present their credit card on check-in to cover any incidental expenses such as room service, mini-bar and hotel services.

Smoking

QT Canberra has a non-smoking policy for all hotel rooms. The hotel has specific smoking areas allocated — please ask at Reception for details.

Emergency evacuation

Procedures and assembly points for emergency evacuation are shown on the back of your hotel room door. Please familiarise yourself with this important information.

Breakfast

For Hotel guests, breakfast will be served each morning from 7.00 – 10.00 am.

Business Centre services

The Business Centre on level 1 offers a wide selection of business services.

Lost property

Please visit the Registration Desk.

ATM facilities

An Automatic Teller Machine (ATM) is located in the hotel lobby.

Emergency assistance

For emergency assistance at any time please call 000.

Travel from Canberra Airport to QT Canberra

The distance between Canberra Airport and QT Canberra is approximately 8 kilometres. Travel time is approximately 10 minutes and a taxi will cost approximately $25.

Conference venue


10

C

M

Y

CM

MY

CY

CMY

K


PLENARY SPEAKERS SENATOR the hon. GEORGE BRANDIS QC

George Brandis entered the Australian Senate in May 2000 when appointed to fill a casual vacancy in the Senate by the Queensland State Parliament on 16 May, 2000. Senator Brandis was subsequently re-elected at the 2004 Senate Election.

Senator Brandis’ committee work has included the Joint Standing Committee on Electoral Matters and Senate Select Committees on A Certain Maritime Incident, the Scrafton Evidence, and the Free Trade Agreement between Australian and the United States of America.

Prime Minister John Howard appointed Senator Brandis as Minister for the Arts and Sport in January 30, 2007.

As Minister for the Arts and Sport, Senator Brandis’ portfolio responsibilities included the Australian Council for the Arts, the Australian Sports Commission, the Australia Institute of Sport, Old Parliament House, the National Library, the National Museum of Australia, the National Gallery of Australia, the National Portrait Gallery of Australia, the Australian Film Commission, Film Australia and the Film Finance Corporation Australia Limited

A trade-practices barrister prior to entering the Senate, Senator Brandis was appointed Senior, now Queen’s, Counsel in November 2006.Following the change of Government in 2007, Senator Brandis was appointed Shadow Attorney-General. On 14 September 2010, he was also appointed Shadow Minister for the Arts.

On 18 September 2013, Senator Brandis was sworn in as a member of the First Abbott Cabinet. He was appointed as Attorney-General, Minister for the Arts and Vice-President of the Executive Council – the positions in which he currently serves. He is also the Deputy Leader of the Government in the Senate.

Senator Brandis holds a BCL from Oxford and a BA (Hons) and LLB (Hons) from the University of Queensland, where he has lectured in jurisprudence.

TOPIC: Keynote Address

THE HON. LEN ROBERTS-SMITH RFD RFD QC

Chair of the Defence Abuse Response Taskforce

Following a distinguished legal career, which spans more than four decades, the Honourable Len Roberts-Smith is well placed to chair the Taskforce.

From 1978 he was the first Director of the Legal Aid Commission of Western Australia, before going to the Bar in early 1989 and being made a Queen’s Counsel in December that year.

From 2000 to 2007, he served as a Justice of the Supreme Court of Western Australia and from February 2005 was one of the inaugural Judges of the Court of Appeal.

Between 2002 and 2007, as a Major General in the Australian Army Reserve, he was the Judge Advocate General of the Australian Defence Force.

In May 2007, he was appointed the Commissioner of the Corruption and Crime Commission of Western Australia, a position which he held until his retirement on 31 January 2011.

The Honourable Len Roberts-Smith is a Trustee Director of the Australian Defence Force Assistance Trust and the Patron of the Citizens’ Advice Bureau of WA (Inc).

TOPIC: Restorative Engagement: Beyond the Horizon

SPONSORED BY MERRILL CORPORATION

11


12



hwlebsworth.com.au






PLENARY SPEAKERS continued

ROBERT COCKerell

A licensed investigator with more than 30 years’ experience, Robert is an expert in the investigation of complex crimes and the management of fraud prevention and detection. Robert commenced with KordaMentha in September 2010 leading the Fraud Investigations team and undertaking prevention reviews for organisations across a broad range of industry sectors.

Twice presented the Chief of Commissioners’ Award for Investigative Excellence, Robert’s exemplary career both in the private and public sector is founded on successful outcomes with a full recovery of funds running into the ‘many millions’ on the majority of his investigations. Robert helped design the Graduate Certificate in Fraud Investigation at La Trobe University and holds a Masters Degree in Business Administration. Rob has conducted investigations and anti-fraud and corruption engagements in a number of countries including the United Kingdom, Cyprus, Bahrain, Guinea, Indonesia, Malaysia, Thailand and Papua New Guinea, Namibia and Malawi.

TOPIC: Lie to Me: Advanced Detection of Deception in the Dispute Resolution Process


GALA DINNER KEYNOTE SPEAKER

Judge Arthur Tompkins is a District Court Judge in New Zealand. He holds general and jury trial warrants, and is also a Panel Convenor of the New Zealand Parole Board. He gained his Bachelor’s degree with Honours in Law from Canterbury University, Christchurch, New Zealand, in 1983, and graduated Masters in Law, with First Class Honours, from Gonville and Caius College, Cambridge University, England, in 1984. He is a Justice of the Supreme Court of Pitcairn Island, and an Honorary Member of Interpol’s Forensic DNA Advisory Board.

Each year he travels to Umbria, in Italy, where he teaches Art Crime in War as part of the Postgraduate Certificate Program in International Art Crime and Heritage Protection Studies, presented annually by the Association for Research into Crimes against Art. He has presented at International Art Crime Conferences, and has delivered numerous public lectures on art crime during war.

During his talk he will tell some of the fascinating stories of art crime during war, involving some of the world’s great works of art, and he will discuss the establishment of a Permanent Art Crime Tribunal. He will end with the intriguing story linking Francesco Goya, the Duke of Wellington, James Bond and television licensing fees.

TOPIC: An International Art CrimeTribunal: Adjudication, Dispute Resolution and More

JUDGE ARTHUR TOMPKINS

Lawyers

SPONSORED BY CBP LAWYERS

13

Alysoun BOyle

Alysoun joined IAMA early in 1999, was elected to the ACT Chapter Committee and became ACT Chapter Chair in 2004. She was a National Councillor during 2004 – 2006 and was the key organiser of IAMA’s 30th Anniversary Conference in Canberra in 2005. During 2008 – 2009, Alysoun played a key role in IAMA’s commitment to NMAS. In 2010, she was again elected to the National Council and has been Vice-President since 2011. She became an IAMA Fellow in 2012.

A facilitative dispute resolver for over 20 years, Alysoun is highly respected in Australia and overseas, for dispute resolution practice, Disputes System Design and ADR training and education. In 2004, she designed the mediation program for the ACT Administrative Appeals Tribunal. In 2008, she was appointed the first Senior Mediator Member of the ACT Civil and Administrative Tribunal. She is a member of the Mediation Panel of the ACT Supreme Court. Alysoun’s dispute resolution practice covers the broadest range of subject matter including land and planning development, taxation, finance, education, public housing, human rights, guardianship, mental health, occupational discipline, local government, workplace and employee grievances, health, family, community and multi-party disputes.

TOPIC: Building Rapport, Developing Trust & Saving the Bottom Line: What do you do? and Session Chair

.

NEW HORIZONS – 2014 CONFERence SPEAKERS

John Bond came to the Bar in 1987, and took silk in 1999.

His practice is and has been devoted entirely to commercial litigation and advice at both trial and appellate level. He has been identified by Doyle’s Guide as one of two pre-eminent Senior Counsel practicing in construction law in Queensland.

He served for 9 years as a part-time member of the Queensland Law Reform Commission from 2005. He was Associate to the Honourable Justice Sir Gerard Brennan at the High Court of Australia in 1985.

He has a first class Honours degree in Law, and a degree in Commerce.

TOPIC: Has Derek Crouch risen from the dead?

JOHN BOND QC

BRYAN AHERN BE (Civil) Hons, MEngSc (Civil), Grad Dip Legal Studies, Dip Project Management, Certified PRINCE2 PractitionerMIEAust, CPEng, FIAMA, MAIPM

Bryan is a Graded Arbitrator, Accredited and Registered Mediator, Expert Determiner, Probity Services Provider and also a former National Councillor and a former Chair of the ACT Chapter. As a civil engineer and licensed builder he has extensive experience including civil and building construction, property development and maintenance works. He has been involved in a wide range of projects across Australia in both urban and very remote locations. He now practices as a consultant in commercial contracts and advises across all project stages from concept development through to documentation, tendering, administration, and dispute resolution.

SESSION CHAIR

14

Fellow of the Chartered Institute of Arbitrators. Chartered Arbitrator. Nationally Accredited Mediator.

The Hon Neil Brown QC started his career as a barrister. His practice at the Bar encompassed commercial law, constitutional, intellectual property, administrative, construction, town planning, and industrial relations.

He has appeared in the State Supreme Courts, the Federal and High Courts of Australia and has conducted proceedings on media, communications, constitutional, commercial, construction, administrative and governmental law matters.

In the field of intellectual property, he has acted as counsel in several intellectual property matters concerning designs, plans, photographs, copyright, trade marks and passing off claims.

During his career as a lawyer, he became a Member of the Federal Parliament of Australia and a Minister in the Federal Government in the Employment, Communications and Attorney - General’s portfolios and was Deputy Leader of the Opposition. He was a delegate to the United Nations and other national and international organisations.

TOPIC: Dispute Resolution Procedures and Policies for new gTLDs

The Hon. Neil Anthony Brown QC

Senior Associate, Colin Biggers & Paisley Lawyers.

Charles Brannen is a senior associate in the Construction & Engineering Group. His main area of practice is the litigation of building disputes and the resolution of disputes by alternative dispute resolution methods. Charles has experience in commercial and residential building disputes involving developers, builders, subcontractors, consultants and home warranty insurers in the Supreme, District and Local Courts and the Consumer, Trader & Tenancy Tribunal. He has extensive experience involving the adjudication of payment claims under the Building and Construction Industry Security of Payment Act 1999. Charles also provides advice to principals, contractors and subcontractors on contract documentation and project risk. Charles was admitted as a solicitor in NSW in 2001 and joined CBP in 2005. Charles is a member of the Law Society of NSW and is an Associate Member of the Institute of Arbitrators and Mediators Australia. Practice focus construction litigation disputes under security of payment legislation home warranty insurance disputes alternative dispute resolution contract advice

TOPIC: Security of payment reform in NSW and Queensland – fast-moving and divergent approaches

CHARLES BRANNEN


DAmien BrownE BA (Hons)/LLB

Damien heads, Relationships, Policy and Practice Branch, which is responsible for our relationships, the quality and effectiveness of our services to the legal profession and their clients, the ATO dispute policy, ensuring our policies and procedures are streamlined and fit for purpose.

Damien joined us in 2007 from the Commonwealth Ombudsman’s office, where he was variously responsible for information technology, public and international affairs, public contact, and support for the taxation and Defence Force Ombudsman roles.

Damien holds a BA (Hons)/LLB from the ANU.

TOPIC: The ATO and dispute resolution including independent review and initiatives

15

DR STUART CARR

Stuart Carr started his career in universities before moving to R&D and management in private and public sector organisations.

In 2004, he shifted focus to work with small-to-medium sized enterprises (SMEs). Through his boutique advisory, Carix Pty Ltd, Stuart supports SMEs in a variety of industries, professions and trades to review their practices and to develop and implement strategies for business turnaround and growth. Many of Carix’s clients are SMEs with fewer than 20 employees; many include family members.

Much of Stuart’s work involves internal and external mediation.

TOPIC: Dispute Resolution for SMEs – Have We Made Progress?

DAVID EGARR MIAMA (SA Chapter)

David has worked for a number of years in the general construction industry, in both the private and public sectors.

David recently returned to the private sector as Group Commercial Manager for a commercial contractor operating in Queensland, South Australia and Western Australia.

Over the past 15 years, David has held positions that align with commercial management in public infrastructure, water resources and commercial construction. David is a grade 3 Arbitrator and an Adjudicator under the Building and Construction Industry Security of Payment Act 2009 (SA) and has been a member of the SA Chapter since 2006. David brings an approach that aligns with the clients that IAMA provides services to in the ADR industry.

SESSION CHAIR

Matt Burns

AAt the core of Matt’s career is a focus on people, centering on the way they interact with their environment as well as their peers. This interest was fostered early on through his work as an outdoor adventure instructor and has since been developed throughout his work in both corporate and government settings.

Matt’s has worked across a number of work areas including: • Work motivation and performance management (including employee engagement) • Behavioural change and employee relations (including learning and development

and leading change projects and individual coaching for performance improvement) • Cultural development (including team building and organisation wide change) • Developing leadership style • Alternative dispute resolution and conflict coaching

Matt’s infectious optimism helps to quickly build momentum. He prides himself on developing fantastic relationships with the aim of connecting people and injecting the ideas and energy that will help build and grow projects from the ground up.

TOPIC: The Psychology of Mediation & psychological impacts on mediators – how resilient are you?


16

Warren Fischer is an alternative dispute resolution practitioner, civil engineer and company director based in Queensland and practising primarily in construction, mining and body corporate arenas. Over the past 30 years Warren has practised in Australia, Indonesia and the United Kingdom undertaking numerous roles related to those industries.

Warren is the Immediate Past President of IAMA of which he is a Fellow, Grade 1 Arbitrator, Accredited Mediator and Accredited Adjudicator. Warren is also a co-author of “The Adjudicator’s Guide”.

Warren is a registered Adjudicator under the Building and Construction Industry Payments Act 2004. Past appointments include Energy Arbitrator under the Electricity Act 1994 and Gas Supply Act 2003, Independent Adviser to the Co-ordinator General under the State Development and Public Works Organisation Act1971 and Specialist Adjudicator under the Body Corporate and Community Management Act 1997.

Warren is also a Fellow of the Australian Institute of Company Directors and managing director of Alternative Dispute Resolution Services Pty Ltd.

For more information see visit www.adrs.com.au

TOPIC: New IAMA Arbitration Rules 2014

WARREN FISCHER


John is a civil engineer with over 40 years experience as a client, consultant, contractor and subcontractor. He has managed major projects and opened offices on four continents. He is Principal of JP Fisher Consulting Pty Ltd in Perth, specialising in project management and ADR. An arbitrator, adjudicator and mediator, he undertakes expert determinations and acts as an expert witness. John is a current IAMA National Councillor and former WA Chapter Chair.

For more information visit www.jpfc.com.au

TOPIC: Visualisation of Disputes in a BIM World and Session Chair

JOHN FISHER BSc PCertArb CEng MICE FAPM(CertPM) MAIPM MCIArb MIAMA

Jeremy Gormly is a practising barrister appointed Senior Counsel in 2001. His principal areas of practice as a barrister are in professional negligence, disciplinary matters, acting as counsel assisting in inquiries and dispute resolution including in particular, mediation.

He has been counsel assisting in numerous inquiries since 1994 in Royal Commissions, inquests, the ICAC, the PIC, Conduct Divisions of the Judicial Commission and other inquiries.

In 2010 on a joint Federal ministerial commission he mediated the HMAS Voyager-Melbourne claims to conclusion. He has mediated hundreds of disputes.

He was Chair of NADRAC from 2011-2013 (National ADR Advisory Council to the Commonwealth Attorney General), which provides advice to the Government on the national development of dispute resolution techniques. He is an attendee at the Commonwealth Inter-Agency ADR Forum managed by the ATO and the Attorney-General’s Department.

He was a long time member of the NSW Bar Council, former Chair of numerous committees and a former member of the Legal Profession Admission Board.

TOPIC: The 7 Categories of Litigation — Why ADR is here to stay

Jeremy Gormly SC

17

SUZANNE Greenwood LLM LLB FAIM MAICD

Suzanne Greenwood is the National CEO and Company Secretary of IAMA.

Suzanne has been admitted as a solicitor of the High Court of Australia and of the Queensland Supreme Court for more than 20 years and holds a current practicing certificate with the Queensland Law Society. She is a non-executive Director of the Queensland Law Foundation and of the Good Samaritan Foundation and recently completed a term on the Council of the Queensland Law Society and as the Observer Member of the Executive Committee of LawAsia.

Suzanne holds Masters level qualifications in Law and has received several prestigious industry awards including former finalist of the ‘Queensland Telstra Business Women of the Year’ Awards; the ‘Agnes McWhinney Award for Outstanding Contribution’ by a female solicitor to the Community in 2011, and the inaugural Award for ‘Excellence in Corporate Social Responsibility’ presented by the Australian Corporate Lawyers Association in 2010. She is a fellow of the Australian Institute of Management and a member of the Australian Institute of Company Directors.

TOPIC: Welcome Reception MC

Michael has been a national councillor of IAMA since 2012. He has been a member of the Institute for more than 22 years.

In recent years Michael has practiced in a broad range of areas including commercial, corporations, trade practices, sale of land, mortgages, landlord and tenant, professional negligence, equity, constructive trusts - farming disputes, testators family maintenance, building and construction, administrative law and town planning.

Michael is an accredited Adjudicator under the Building and Construction Industry Security of Payment Act (2002) (Vic). He is a nationally accredited Mediator and a Victorian Bar Accredited Advanced Mediator. He is on several panels including the panel of the Franchise Dispute Mediators under the Franchise Code. Given his wide experience and interests he is willing to practice in most areas.

Michael chairs the Dispute Resolution Committee of the Victorian Bar. He is author of the Guarantee and Indemnity section of Lexis Nexis Court Forms and Precedents Victoria.

TOPIC: Arbitration 2014 – Recent Cases & Benefits of the new Act and Session Chair

Michael Heaton QC

Principal of Anthony Grieve Pty Limited, has over 37 years’ experience as a building consultant and civil engineer.

He has acted as an expert, arbitrator, referee and mediator in building and engineering matters since 1990. Anthony Grieve possesses skills that have been gained through extensive industry experience. He understands the essential technical and legal components required for an expert and for an expert report in litigation.

Anthony Grieve is a Fellow of IAMA and has been a member of the Institute of Arbitrators & Mediators Australia since qualifying as an arbitrator in 1990. He is well placed to deal with highly technical dispute resolution cases. His dispute resolution experience includes arbitration, court reference, adjudication and mediation of domestic and international matters.

SESSION CHAIR

anthony Grieve BE (Civil), M Proj Mgt, LLB, MIEA, FIAMA


18


John is an arbitrator, a nationally accredited mediator and a fellow of IAMA. He is a registered adjudicator under the Construction Contracts Act 2004 (WA). From 2010 to 2012 John was the Chairman of the Builders’ Regulation Board of Western Australia, Chairman of the Painters’ Registration Board of Western Australia and Chairman of the Building Disputes Tribunal of Western Australia. John is also a member of various professional associations including elected member of the Legal Practice Board of Western Australia in 2010 and in 2014.

John is an author and co-author of several legal texts and numerous articles in various journals. John is a co-author with The Honourable Justice Clyde Croft of the Supreme Court of Victoria and William KQ Ho and Kieran R Hickey: “Australian Commercial Arbitration”

TOPIC: Interim Measures in the Commercial Arbitration Acts

DR JOHN J HOCKLEY B Sc (Hons), Dip Ed, Ph D (UNE); LL B (UNSW), LL M (Melb.), Dip Int’l Tax (Harv.),

Jennifer is a senior associate in the Construction & Engineering Group at CBP Lawyers.

Jennifer has extensive construction and commercial dispute resolution experience spanning traditional proceedings, international and local arbitrations, expert determinations, mediations and adjudications under the relevant state-based security of payments legislation. She has gained this experience in Australia and England. Jennifer was admitted to practice in NSW in 2001 and England and Wales in 2007.

Jennifer also delivers expert advice in connection with the preparation, negotiation and review of a broad range of project documentation, including complicated DBOM agreements, JV agreements, consultancy agreements, sub-contract and novation agreements, standard and amended AS contracts and international supply contracts.

Her front end experience spans large national and state infrastructure projects, mining projects, health care facilities, large commercial development and private projects.

Jennifer spent over 12 months in-house at John Holland. During that period she gained a practical understanding of the industry and is able to provide commercial and strategic advice at all stages of a project, from the tender phase, throughout the project delivery and finalisation of a project, including any dispute resolution procedures which may arise during the course of that project.

Jennifer has recently been appointed co-chair of the Education Committee for NAWIC NSW.

Practice focus: • Alternative dispute resolution • Commercial litigation • Construction and engineering • Construction disputes • Arbitration, adjudication, expert determination, conciliation, mediation

TOPIC: Security of payment reform in NSW and Queensland - fast-moving and divergent approaches

jennifer irwin

19

DELCY LAGONES de anglim

Delcy Lagones de Anglim Delcy is a Peruvian Lawyer, Mediator, Conciliator, Author and Trainer. She is an experienced practitioner in civil law, international trade law and alternative dispute resolution. She is also a Family Dispute Resolution Practitioner, working in private practice as well as for the Legal Aid Commissions of the Australian Capital Territory and New South Wales.

Delcy is an author, experienced educator, lecturer, having designed and delivered training programs in Australia and overseas. She is a guest lecturer at the Faculty of Law at the University of Canberra.

Delcy had an instrumental role in the development of compulsory conciliation legislation in Peru. As the legal adviser she devised the training program and trained the first conciliation trainers and practitioners.

Delcy is a Foundation Member of the Mediation and Conciliation Commissions of the Lima Bar Association and Foundation President of the National Association of Conciliation Centres of Peru.

Delcy is a Judge at the Annual ICC International Commercial Mediation Competition in Paris. Delcy is the Founding Director of the Australasian Dispute Resolution Centre, ADRC, which operates internationally in the resolution of commercial disputes.

TOPIC: Ethics for Mediators – ethical dilemmas panel discussion


Ms. Barbara Kwiecien is the Principle of Mediation Professionals.

After years in the mining industry dealing with land access and other statutory issues, she now focuses her efforts on settling and preventing disputes using non-confrontational methods. Her comprehensive mediation, facilitation and expert determination experience is built upon a solid foundation of over 30 years of dealing with land holders, companies, indigenous stakeholders and their contractual and statutory obligations. This diverse background has enabled her to understand her clients’ needs and help them confront challenges and find solutions suited to their organization or culture. Ms. Kwiecien trained as a mediator at IAMA and Murdoch University in 2003; became nationally accredited in 2008 and as a FDRP in 2011 and has mediated over 1000 cases. She is an adjunct professor at the Notre Dame University, Fremantle and she is a frequent presenter for the business, legal and non-profit communities


Barbara Kwiecien

Chris is the Principal of Lenz Moreton and has 20 years experience as a Lawyer and is a Solicitor of the Supreme Court of Queensland and High Court of Australia.

He also practiced as a Chartered Professional Engineer overseas and within Australia, from 1976 to 1990. In this capacity, he worked as a Design and Consulting Engineer and Construction Contractor. Chris has mediated well over 80 disputes, since 1990, and has adjudicated 20 disputes under the new BCIPA rapid payment legislation.

He is a Member of the Queensland Law Society, and holds a practicing certificate to practice in his own right as a solicitor. He is a Registered Adjudicator, Grade 3 Arbitrator and an Accredited Mediator with the Institute of Arbitrators and Mediators Australia (IAMA) and is a Registered Adjudicator with the Queensland Law Society. Chris is also a member of Engineers Australia, is registered on the National Professional Engineers Register (NPER), and is a Registered Professional Engineer in Queensland (RPEQ).

SESSION CHAIR

Chris Lenz BSC Eng LLB (Hons) MBA

20

Khory McCormick D.UNIV BA.LLM FCIARB MAICD MACI

Khory heads Minter Ellison’s International Disputes Group and Brisbane Commercial Advisory and Dispute Resolution Group.

Khory’s opinion is sought by leading corporate and public sector participants. He has been in cutting edge commercial, resources major projects, public sector, industrial and media litigation and advisory work.

Supreme Court and Law Society Approved Mediator and Arbitrator, Fellow of the Chartered Institute of Arbitrators, Diploma in International Commercial Arbitration (CIArb), Adjunct Professor Griffith University, Vice President and Fellow Australian Centre for International Commercial Arbitration (ACICA), Chair Law Society Alternative Dispute Resolution Sub Committee, Director International Chamber of Commerce Australia (ICC Australia), former Minter Ellison Board Member, former Queensland Chair Institute of Arbitrators and Mediators Australia, former AON Advisory Board member, former Chair Green Cross Australia.

TOPIC: Arbitration in the International Arena & International Arbitral Bodies


CEO Australian International Disputes Centre (AIDC)

Deborah was admitted as a barrister and solicitor of the High Court of New Zealand and was Executive Solicitor with Treasury before her move into the corporate sector. Deborah has over 20 years of outstanding business experience as both a senior executive and independent dispute resolution consultant. Working with Fortune 500 companies including AMP, ING, Westpac, UBS and Swiss Re, Deborah has been at the forefront of advocating and utilising ADR processes and techniques in resolving commercial disputes. Trained as an advanced mediator and negotiator with Harvard, ACDC, LEADR and UTS, Deborah is passionate about advocating best-practice ADR. Deborah was appointed CEO of AIDC in November 2013.

SESSION CHAIR

Deborah lockhart LLB

Professional Certificate in Arbitration, Professional Certificate in Mediation, Grade 2 Arbitrator, Expert Determiner, Accredited and Registered Adjudicator (Qld).

Rowena has been the National President since 2012 and previously served on the National Council. She has been a member of IAMA for more than 14 years and became a Fellow of the Institute in 2010.

Rowena has over 25 years experience in dispute resolution as a lawyer and a dispute resolution practitioner and in organizational governance. Her areas of experience include banking, primary industries, health governance, utilities and infrastructure. Rowena was formerly the Sugar Industry Commissioner for Queensland and has served as chair and director on a number of water infrastructure, health and not-for-profit boards

TOPIC: Official Conference Welcome and Opening, 2013 Review & Announcement of IAMA National Council 2014 – 2016

Rowena McNally FIAMA, MAICD, AFAIM

21

Albert Monichino has a general commercial litigation practice in a wide variety of commercial disputes, including in relation to construction and engineering, distribution, joint venture and shareholder agreements..

He acts as an arbitrator and counsel in arbitrations (domestic and international). He was appointed Senior Counsel in 2010.

He holds the degrees of B.Ec, LLB (Hons) from Monash University, an LLM from the University of Cambridge and a Grad Dip Intell Prop Law from the University of Melbourne.

He is a Fellow of each of the three peak arbitral bodies in Australia and is graded by IAMA as a Grade 1 arbitrator.

He lectures, writes and presents widely on arbitration and commercial law.

TOPIC: Arb-Med: Brave new world

ALBERT MONICHINO QC

Professor Moens is currently a Professor of Law and Director of Research at Curtin Law School. Prior to his current position he served as Pro Vice Chancellor (Law, Business and Information Technology) and as a long-serving Dean and Professor of Law at Murdoch University.

Professor Moens undertakes teaching and research in Constitutional Law, Banking Law, European Union Law, International Commercial Law, International Arbitration Law and Comparative Law. Professor Moens is a past winner of several prestigious teaching awards, including the University of Queensland Excellence in Teaching Award and the Australian Award for University Teaching in Law and Legal studies (1999). The Prime Minister of Australia awarded him the Australian Centenary Medal for services to education in 2003.

In 1997 and 2000 he successfully coached the T C Beirne School of Law (The University of Queensland) team to win the prestigious Willem C Vis International Commercial Arbitration Moot in Vienna, Austria. He also co-coached the winning City University of Hong Kong team in the Ninth Willem C Vis (East) Moot in 2012 and the 20th Willem C Vis Moot in Vienna in 2013.

The Asian Development Bank, Manila had previously retained Professor Moens to train officials of the Ministry of Law and Justice of his Majesty’s Government of Nepal. He has taught extensively across Asia, Australia, Europe and North America.

TOPIC: Interim Measures in the Commercial Arbitration Acts

Professor Gabriël A Moens JD (Leuven), LL.M (Northwestern), Ph.D (Sydney), GCEd (Queensland), MBA (Murdoch), FCIArb, CArb, FAIM


22

Alastair Oxbrough is a Director of boutique Melbourne construction law firm, MolinoCahill Lawyers. He has nearly 15 years’ experience in transactions and disputes arising in the construction and engineering, infrastructure, energy and technology industries, 7 of which were spent in the United Kingdom working on major domestic and international projects. He is widely experienced in all forms of dispute resolution including litigation, adjudication, mediation and domestic and international arbitration, both in Australia and in the UK.

Alastair has represented a range of public and private sector clients, particularly contractors, insurers and public authorities. He is known for his commercial and pragmatic approach to dispute management and avoidance from the earliest phases of projects to beyond their completion.

Alastair is admitted as a lawyer in both Australia and the UK. His memberships include the Institute of Arbitrators and Mediators Australia, the Society of Construction Law Australia, the Building Dispute Practitioners’ Society and the Australian Insurance Law Association. He is also a nationally accredited mediator, specialising in construction and engineering disputes.

TOPIC: Reform of Australian Security of Payment & Adjudication - SoCLA Review

ALASTAIR OXBROUGH


Luke Preston is a Special Counsel at Carter Newell Lawyers within the Construction & Engineering team.

Luke has more than 19 years experience in commercial litigation, construction law and insolvency. He specialises in claims for damages for defective and incomplete building works, in recovery proceedings pursuant to contract and in quantum meruit claims. Luke’s experience has also involved representing and advising variously principals, contractors and subcontractors to building contractual disputes and claims, both commercial and domestic. Luke has also developed a particular expertise in Body Corporate and Community Management law, where he has represented large Bodies Corporate in the negotiation and documentation of commercial building contracts, disputes with Lot Owners, Committee and Body Corporate obligations and duties, and BCCM Adjudication and Commercial and Consumer Tribunal proceedings.

Luke is a qualified adjudicator accredited with The Institute of Arbitrators & Mediators Australia, has extensive experience in contract and property litigation in the Queensland Civil Courts, and is a past member of the Queensland Law Society’s Practice and Procedure Committee.

SESSION CHAIR

Luke Preston

23


Keith Redenbach is a construction and engineering lawyer based in Sydney.

Considered a leading expert in his field, Keith advises Australian and international principals, contractors and consultants across a range of projects including resources, mining, infrastructure, services and transport. Keith reviews and amends Australian Standards construction and related contracts and has advised on some of Australia’s most significant Public Private Partnerships (PPPs) and alliances since their emergence in the mid and late 90s.

Keith’s work on major projects was recognised in The Australian Legal Business Deal of the Year Awards in 2005 and the Alliance Contracting Excellence (ACE) Awards in 2008. He regularly presents at and chairs industry forums such as College of Law seminars and Construction Law master classes.

TOPIC: NCAT: The New Super Tribunal

Keith Redenbach

Grade 2 Arbitrator, Mediator, Adjudicator.

Graeme is a Consultant Engineer to the mining and construction industry specialising in project development and tail end claims management and dispute resolution.

SESSION CHAIR

GRAEME robinson B.Eng (civil), M. Construction Law, MBA, M.Bldg.Sci (arch), MIAMA, F.IEAust, M. SoCL, M. AusIMM, DRBF (NSW Chapter)

Partner, HWL Ebsworth Lawyers

Resolution of large construction and engineering disputes is Karyn’s particular area of interest. She has a detailed understanding of alternative dispute resolution practices, with recognised expertise in adjudication, mediation, arbitration and expert appraisal, resolving a wide range of construction and engineering disputes.

Karyn regularly drafts and reviews documentation for major construction and engineering projects, representing contractors, owners, superintendents, consultants, government departments, agencies and corporations, subcontractors, suppliers, financiers and insurers.

Karyn analyses construction and engineering disputes and develops strategies for dispute resolution. Karyn co-authored “The Adjudicator’s Guide” and has determined numerous adjudication applications under Building and Construction Industry Payments Act. She regularly acts on behalf of parties preparing for or resisting adjudications in Queensland, New South Wales and Western Australia, especially in respect of: industrial processing plants in NSW and Queensland; Civil works in NSW and Qld; Multi story apartment buildings in NSW and Qld, and Commercial and industrial buildings in Qld, NSW and WA.

Karyn has acted as both an arbitrator and mediator in numerous construction disputes.

TOPIC: Construction for Arbitrators

KARYN REARdon

24

CRAIG SAWFORD

Special Counsel, Colin Biggers & Paisley Lawyers.

Craig Sawford is a special counsel in the construction and engineering group. He has more than 15 years’ experience in building and construction and has acted for a wide range of clients, including government departments and authorities, large commercial construction companies and small domestic builders and subcontractors.

Craig has worked extensively on the preparation and review of construction contracts. His experience includes acting for major builders, including the Queensland Building Services Authority. He works closely with the Queensland Master Builders Association and the Housing Industry Association and he represents clients in all court jurisdictions and the Queensland Civil and Administrative Tribunal.

Craig’s experience includes advising first tier lenders on the reformulation of their policies and procedures for commercial and residential construction lending purposes. He has assisted with the numerous formulation policies implemented by the Queensland Building Services Authority and appears in administrative review matters and disciplinary prosecutions.

Craig is a trained adjudicator under the Building and Construction Industry Payments Act and has extensive experience in the preparation of payment claims, payment schedules, adjudication applications and adjudication responses.

Craig holds a Bachelor of Business (Accounting) in addition to his law degree. He is admitted to practice in the Supreme Court of Queensland and the High Court of Australia.

Practice focus: • Construction and engineering • Construction disputes• Construction project procurement, risk management and contract administration• Infrastructure, major projects and PPPs

TOPIC: Security of payment reform in NSW and Queensland – fast-moving and divergent approaches


John Savage is a senior Adjudicator qualified in Queensland, New South Wales and South Australia and is a member of the Committee of the Queensland Chapter of IAMA.

John is also a Grade 3 Arbitrator and IAMA Mediator.

His career has spanned quantity surveying, building & construction and dispute resolution and has taken him internationally, including to Antarctica.

John is a Fellow of the Institute of Company Directors and currently engaged as a construction consultant.

SESSION CHAIR

John Savage

25

26

Barrister, Arbitrator, Mediator & Adjudicator

Toby Shnookal first qualified and gained experience as an engineer. He first worked in the oil industry and then in civil construction before turning to the law. His practice is predominately in arbitrations and expert determinations both as counsel and determiner. Typically he is engaged in arbitrations that involve complex engineering failures of design that translate in an arbitration to major cost growth and critical path delays. He has a great interest in how engineering and project issues manifest themselves as legal causes of action.

Mr Shnookal’s 20 year major dispute TEC law practice has been spread over every state in Australia. Mr Shnookal was a part time member of the Victorian Civil and Administrative Tribunal (VCAT) for 10 years. In this capacity, as arbitrator, expert and as adjudicator he has published over 50 determinations.

Mr Shnookal is a co-author of the 4th edition of Brooking on Building Contracts, a text for legal practitioners practicing in the field of TEC disputes. He is the chair of the Arbitration and Adjudication Subcommittee of the Victorian Bar Dispute Resolution Committee.

SESSION CHAIR

Toby Shnookal QC MIAMA

Auke (JJ) Steensma is an Adjudicator (WA & NT), Arbitrator, Mediator and Expert Determination practitioner and is currently a PhD Candidate at Curtin University. The subject of his thesis is ‘a comparative review of Security of Payment legislation’ under the supervision of Professors Philip Evans and Gabriël Moens. He is also undertaking a Juris Doctor at Murdoch University. He holds a Bachelor of Business (Logistics), Grad Cert in Construction Law, Prof Cert in Arbitration, Masters in both Project Management and Management.

He has published at both International and local levels. His area of interest is Building and Construction Law. He is a former Army Officer and is Managing Director of Steensma Pty Ltd, a small firm that specialises in management consulting in; alternative dispute resolution and management consulting. JJ is married to Stephanie and they have two children; Alistair and Aslinn. He is a keen Kitesurfer.

TOPIC: A comparative review of Security of Payment Legislation

Auke (JJ) steeNsma BBus (Log Mgt), P.Cert Arb, G.Cert Constr Law, MPM, MMR

NEW HORIZONS – 2014 CONFERence SPEAKERS Jonathan Smith B.App.Sc (QIT), B.Bus (Griffith)

IAMA Honorary Treasurer, Professional Certificate in Arbitration (Adelaide), Graded Arbitrator, Accredited and Registered Adjudicator (QLD)

Jonathan has 35 years’ experience in Mining, Engineering, Surveying, Civil Construction, Business Development and Training.

He has been involved in development of procurement processes, procurement activities, contract development and re-design, arbitrating mining, building and construction contractual disputes, adjudicating building and construction payment disputes, reporting on the commerciality of proposed contract arrangements and the outcome of completed contracts, project controls, consulting surveying, development applications, subdivision design, management, supervision and estimating of civil construction work and particularly in procurement of mining and construction goods and services.

TOPIC: Presentation of 2013 Annual Report and Session Chair

Angela advises on commercial law with a particular focus on Australian Government contracting, information and communications technology (ICT) contracts, intellectual property, privacy and business process outsourcing. Angela has specialised in Australian Government work in Canberra for almost 20 years and has worked on many of the Commonwealth’s most significant projects and programs.

Angela was listed in the 2013 Australian Financial Review’s “Best Lawyers” for the sixth year running. She is now listed in three categories: Government, Information Technology and Telecommunications.

Angela is a principal author of the ‘Guide to Limiting Supplier Liability in ICT Contracts with Australian Government Agencies’ editions 1 and 2, published by the Department of Innovation, Industry, Science and Research.

While Angela is very familiar with Australian Government contracting policies and requirements, she understands the commercial drivers and concerns of corporate entities responding to government tenders.

SESSION CHAIR

Angela Summersby

Russell is Head of McCullough Robertson’s Arbitration Group and is a leading expert in Alternative Dispute Resolution, including arbitration.

He has successfully represented clients in international and domestic arbitration. He is well regarded for his uncompromising approach in protecting his clients’ interests.

Russell is also a National Councillor for the Institute of Arbitrators and Mediators Australia. Since 2002, he has been the editor of ‘The Arbitrator and Mediator’ and has assisted government in drafting of policy and changes to legislation.

Russell is the author of the Alternative Dispute Resolution Chapter in Butterworths Encyclopaedia of Forms and Precedents. His clients include large resources, construction and logistics companies.

Russell is also a National Councillor for The Institute of Arbitrators & Mediators Australia.

TOPIC: New IAMA Arbitration Rules 2014

Russell Thirgood

Senior Associate with Minter Ellison Lawyers within the Commercial Advisory and Dispute Resolution team.

She is a Committee Member of the Queensland Chapter of The Institute of Arbitrators & Mediators Australia and has had substantial exposure to cross-border transaction and dispute matters. Her clients range from commodities, energy, mining and resource sector, construction, transport (aviation, logistics), manufacturing (particularly auto makers) and pharmaceutical, medical device and life science companies.

I-Ching has advised clients on dispute resolution system design and on the drafting and review of dispute resolution clauses (institutional, ad hoc and investor-state). She has represented clients as well as acting in the capacity of arbitral secretariat in various institutional and ad hoc arbitration proceedings, including those under the auspices of ICC, WIPO, FIFA DRC.

She has advised and assisted clients in proceedings for the recognition and enforcement of foreign arbitral awards and to challenge awards.

SESSION CHAIR

I-Ching Tseng


27

28

Steve White

Steve White has degrees in Law and Computer Science. Steve has been a member of IAMA for more than 14 years. He became a fellow of the Institute in 2013.

Steve is a Grade 1 Arbitrator and has acted in numerous substantial commercial disputes. He was the arbitrator in the four leading Court decisions of Lloyd v Larkden. His awards were upheld in each case.

Steve is also a nationally accredited and experienced mediator and has acted as mediator in numerous substantial matters.

Steve has also been appointed as expert determiner in relation to numerous technology expert determinations and audits in relation to information technology, intellectual property and telecommunications.

For more information visit www.computerlaw.com.au.

TOPIC: Arbitration case study – “Lessons from Larkden Pty Ltd v Lloyd Energy Systems cases”

NEW HORIZONS – 2014 CONFERence SPEAKERS DR Penny webster PhD (Uni Melb), CAHRI, FIAMA

Dr Webster became a member of IAMA in 2003 when she re-located to Melbourne. In 2006 she was invited to co-lead the IAMA Practitioner’s Certificate in Mediation course. Penny was a Victorian Chapter Member and Treasurer for some years, and is a Nationally Accredited Mediator, a Nationally Accredited Instructor. She has conducted numerous mediations privately and over a 1,000 statutory conciliations. She became an IAMA Fellow in 2013.

Her ADR experience began in 1999 in a statutory role under the NSW Residential Tenancies Act. Her experience includes roles as a CEO for a NGO, policy design for state government and the disability sector, a lecturer for several Universities and Complaints Manager for the Public Advocate. Penny has designed and facilitated numerous workshops and training sessions, as well as presented papers at national and internal conferences. She currently holds appointments as a Conciliation Officer for ACCS, Victoria and as a Tribunal Member.


sam wilson BE,LLB(Hons), LLM, MBlgSc, MBA, RFD, NM, FIEAust, MIAMA, CPEng

Principal of Construction & Contract Services Pty Ltd “CCS”.

Sam has worked as an Engineer since 1971, for major contractors and consultants across a full spectrum of multi-disciplinary projects. Sam is a practising solicitor with legal and project delivery experience covering most aspects of building, construction, environmental and mining engineering. Sam assists in the resolution or determination of disputes as a Grade 1 IAMA Accredited Arbitrator, a court appointed referee, an accredited Mediator and an accredited Adjudicator in NSW, Queensland and the ACT.

SESSION CHAIR

NEW HORIZONS – 2014 CONFERence SPEAKERS ROSS WILLIAMS

Partner, HWL Ebsworth Lawyers

Ross is a specialist in all aspects of front-end and back-end construction. His extensive expertise in the building and construction industry also encompasses workplace health and safety, industrial relations and employment law and insurance issues. Ross is a graded arbitrator, national chair of the Law Council of Australia Business Law Section Construction & Infrastructure Law Committee and chair of the Queensland Law Society Construction Law Committee.

Building & Construction

Prospect development and documentation; litigation and dispute resolution; professional liability of architects, engineers and construction professional; major construction contracts; infrastructure projects and alliance contracting.

Joint Ventures

Experience in joint venture and consortia delivery methods for commercial civil and infrastructure of projects including BOOT type arrangements; commercial litigation and alternative dispute resolution; commercial litigation in all Australian jurisdictions.

Workplace Health & Safety

Representing employers in compliance procedures on workplace heath and safety legislation throughout Australia.

Industrial Relations & Employment Law

Enterprise bargaining; lawful dismissal; industrial actions; discrimination proceedings; negotiation and development of employment contracts; training programs.

TOPIC: Construction for Arbitraitors

29

30


About CanberraLocated on the land of the Ngunnawai people, Canberra is thought to derive its name from the Aboriginal word Kamberra, meaning ‘meeting place’.

The site of Canberra was selected as the location of the nation’s capital in 1908. Canberra is a planned city: following an international design competition, the plans of Chicago architects Walter Burley Griffins and Marion Mahony Griffins were selected.

This year, Canberra is celebrating 101 years since the Foundation Stone was laid by Lady Denman, the wife of the then Governor-General Lord Demman on 12 March 1913, at a ceremonial event at Capital Hill.

Today, over 370 000 people live in Canberra, a vibrant city that is home to many national institutions and natural wonders. Beyond the city, the region offers much to explore including scenic bushwalking and award-winning wineries. A few hours from Canberra, you’ll find beautiful south coast beaches and the snowfields of the Snowy Mountains.

Eat and drink

Canberra has a thriving food and wine scene with more than 300 dining choices ranging from modern cafés to pop-up restaurants, a buzzing Chinatown in Dickson and fine dining options in the city and suburbs. You’ll also be pleasantly surprised by Canberra’s burgeoning coffee culture.

For more information on Canberra’s attractions and dining options, please see www.visitcanberra.com.au

Climate

Average maximum temperature in May is 16°CAverage minimum temperature in May is 4°C

Canberra bus service

ACTION buses are the principal public transport in Canberra. A single fare costs $4.20 and a day fare costs $8.00.

For details see www.visitcanberra.com.au

Taxis

Taxis in Canberra need to be booked or picked up at a taxi rank; they cannot be hailed down in the street as in other cities. There are two local taxi companies:

Canberra Elite 13 22 27

Cabxpress 02 6260 6011

Retail shopping hours

Monday to Thursday 9.00 am – 5.30 pm

Friday (late night shopping) 9.00 am – 9.00 pm

Saturday 9.00 am – 5.00 pm

Sunday 10.00 am – 4.00 pm

Hours may vary at smaller shopping centres.

31


Attractions

There are many national cultural institutions in Canberra, many of these are close to the conference venue:

National Library of Australia, Parkes Place, Canberra

Canberra Museum and Gallery, Cnr. London Circuit and Civic Square Canberra

Australian War Memorial, Treloar Crescent, Campbell

Australian National Botanic Gardens, Clunies Ross Street, Acton

Parliament House, Parliament Drive, Canberra

High Court of Australia

National Arboretum, Tuggeranong Parkway, Weston Creek

Total Nominee Subscriptions Due

The Institute of Arbitrators & Mediators Australia (‘IAMA’) is the nation’s leading and largest independent Alternative Dispute Resolution (‘ADR’) organisation. Founded in 1975, IAMA provides services in all forms of ADR including arbitration, mediation, conciliation, adjudication, and expert determination. With a growing membership that comprises some of Australia’s most eminent and experienced ADR practitioners and trainers, the Institute is known for facilitating the most practical and most rewarding professional development training for professionals of all industries. By providing education and training on current developments in ADR, the Institute encourages its members and the public to continue to learn and experience reasons that make ADR increasingly popular in Australia and overseas.

The Institute’s dispute resolution services, education, and training include:

• A national database of highly qualified and experienced dispute resolvers, who have been graded as Arbitrators, or accredited as mediators, adjudicators and/or other ADR practitioners.

• Nomination of arbitrators, mediators, adjudicators, and other ADR neutrals from a database of practitioners accredited by the Institute based on their training and experience and compliance with the Institute’s CPD requirements.

• Administered Industry-based Consume Dispute Resolution Schemes. • Cost and time effective packages for all forms of ADR courses and training programs (members receive discounted rates). • Ongoing Continuing Professional Development opportunities and pupillage training and experience for newly-qualified

practitioners. • ADR Resources including a peer-reviewed journal of articles, case notes and book reviews, monthly newsletters, practice notes,

rules and guidelines, and all other corporate publications (members have unrestricted access). • Online profile and CPD tracking functions (members only).

If you are interested in joining IAMA, click here to apply online.

The Institute of Arbitrators & Mediators Australia (‘IAMA’) is the nation’s leading and largest independent Alternative Dispute Resolution (‘ADR’) organisation. Founded in 1975, IAMA provides services in all forms of ADR including arbitration, mediation, conciliation, adjudication, and expert determination. With a growing membership that comprises some of Australia’s most eminent and experienced ADR practitioners and trainers, the Institute is known for facilitating the most practical and most rewarding professional development training for professionals of all industries. By providing education and training on current developments in ADR, the Institute encourages its members and the public to continue to learn and experience reasons that make ADR increasingly popular in Australia and overseas.

The Institute’s dispute resolution services, education, and training include:

• A national database of highly qualified and experienced dispute resolvers, who have been graded as Arbitrators, or accredited as mediators, adjudicators and/or other ADR practitioners.

• Nomination of arbitrators, mediators, adjudicators, and other ADR neutrals from a database of practitioners accredited by the Institute based on their training and experience and compliance with the Institute’s CPD requirements.

• Administered Industry-based Consume Dispute Resolution Schemes. • Cost and time effective packages for all forms of ADR courses and training programs (members receive discounted rates). • Ongoing Continuing Professional Development opportunities and pupillage training and experience for newly-qualified

practitioners. • ADR Resources including a peer-reviewed journal of articles, case notes and book reviews, monthly newsletters, practice notes,

rules and guidelines, and all other corporate publications (members have unrestricted access). • Online profile and CPD tracking functions (members only).

If you are interested in joining IAMA, click here to apply online.

visit www.iama.org.au or contact your State Chapter for information

IAMA ACT P PO Box 521, Mawson ACT 2607 T (02) 6260 7117 F (02) 6282 0236 E [email protected]

IAMA QLD P PO Box 10525, Adelaide Street QLD 4000 T (07) 3220 2122 F (07) 3220 2133 E [email protected]

IAMA NSW & AIDC Room Hire Bookings P Level 16, 1 Castlereagh Street, Sydney NSW 2000 DX 15 SYDNEY T (02) 9241 1188 E [email protected] [email protected] (room bookings)

IAMA VIC & TAS P Level 13, 200 Queen Street, Melbourne VIC 3000 T (03) 8648 6578 F (03) 8648 6480 E [email protected]

IAMA SA P 213 Greenhill Road, Eastwood SA 5063 T 1800 724 262 F (02) 8280 9763 E [email protected]

IAMA WA & NT P PO Box 208, Beechboro, WA 6063 T (08) 6278 2022 F (08) 6278 2033 E [email protected]

Publisher: The Institute of Arbitrators & Mediators Australia (National Office) P: Level 16, 1 Castlereagh Street, Sydney, NSW 2000 Australia T: (02) 9241 1188 E: [email protected] W: www.iama.org.au Copyright: © 2011 The Institute of Arbitrators & Mediators Australia

new horizons 2o14 conference - the institute of ... iama conference delegates... · new horizons...

Documents