In Crowe-Maxwell v Frost [2016] NSWCA 46 (16 March 2016), the New South Wales Court of Appeal provides a useful summary of the elements and proof of a claim by a liquidator for the recovery of payments alleged to constitute…
There is a common misconception that you can beat the breathalyzer by holding out for a blood test in the hope or expectation that by the time the latter test is taken that the alcohol reading will be below the…
The substantive issue in this appeal determined by the Full Court of the Federal Court of Australia (Allsop CJ, Gleeson & Beach JJ) on 19 February 2016 was the proper interpretation and construction of the financial services errors and omissions…
On 11 February 2016, the High Court of Australia delivered judgment in CGU Insurance Limited v Blakeley [2016] HCA 2. At issue was whether the liquidator of a company was entitled to join an insurer for the purpose of seeking…
On 9 December 2015, the High Court of Australia delivered judgment in Commonwealth v Director, Fair Work Building Industry Inspectorate [2015] HCA 46 unanimously allowing an appeal from the Full Court of the Federal Court of Australia judgment in Director, Fair…
The International Council of Arbitration for Sport (ICAS) has appointed me as an arbitrator of the Court of Arbitration for Sport (CAS) (general list and the football list) and as a CAS mediator. The CAS, created in 1984, is an…
A recent blog on the Harvard Law School, Program on Negotiation website (www.ponharvard.edu) refers to a survey by Northwestern University law professor Stephen Goldberg, in which veteran mediators expressed the view that establishing rapport is more important to effective mediation than…
The globalisation of law firms continues with the announcement this week that mid-tier firm Gadens has entered merger talks with Dentons, reputed to be the largest law firm in the world, in its quest to secure a footprint in the…
Introduction In PAVLOVIC V UNIVERSAL MUSIC AUSTRALIA PTY LIMITED [2015] NSWCA 313, a judgment delivered by the Court of Appeal of the Supreme Court of NSW on 6 October 2015 (Bathurst CJ, Beazley P and Meagher JA), the Court had…
A complaint that is often leveled at mediators is that they do not adequately engage with the issues or with the parties. Hence there is a perception that they add little to the process. To the extent that there may…