ADR Curriculum Vitae
NSW since 1974, Victoria, Queensland, ACT, South Australia and Washington DC.
B.A. Sydney 1971; LL.B. Sydney (first-class honours) 1974; LL.M. Yale Law School 1975.
Practice at the Bar
General commercial and equity practice with extensive experience in commercial and banking disputes; real property and retail leases; trade practices; intellectual property; professional negligence; and dispute resolution.
Practice as a Mediator
Hundreds of mediations since 1991 in:
- Commercial disputes
- Equity proceedings
- Lessor-lessee disputes (especially disputes under the Retail Leases Act 1994)
- Banking disputes (especially mortgagee/mortgagor and guarantee disputes)
- Professional negligence actions (including medical, legal and valuation)
- Personal injury proceedings (including contribution disputes among multiple defendants)
- Insurance claims
- Construction claims and contaminated land disputes
- Intellectual property and software disputes
- Family law
- Partnership disputes and rural succession disputes
Other ADR experience
- Appointed by Supreme Court of NSW and District Court of NSW as mediator in several complex proceedings
- Appointed by Supreme Court of NSW as referee of complex accountancy partnership dispute
- Appointed by President of NSW Law Society as expert determiner in complex law partnership dispute
- Appearing as counsel for parties in arbitrations and in numerous complex mediations
- Drafting dispute resolution clauses and advising on dispute resolution techniques
- Teaching the law and practice of mediation. Most recently, co-taught “Mediation of Commercial Disputes” in the post- graduate programme of Sydney University Law School
- Numerous publications, seminar papers and conference papers relating to mediation. Selected publications and papers are listed below.
Membership of ADR panels
- Supreme Court of New South Wales’ and District Court of New South Wales’ panels of mediators under section 26 of the Civil Procedure Act 2005
- NSW Bar Association’s panel of arbitrators
- Australian Commercial Dispute Centre’s panel of mediators
- Retail Tenancy Unit’s panel of retail lease mediators under
Retail Leases Act 1994
- Law Society of New South Wales Settlement Week mediator panels for 1991, 1992 and 1993-4.
- Foundation member of the NSW Bar Association’s Mediation Committee; member 1991-2007; 2011-present) and Chair of the Committee 2000-2007
- Foundation member of the Law Society of NSW’s Dispute Resolution Committee; member 1987-1995
- Director of LEADR (Lawyers Engaged in Alternative Dispute Resolution) 1991-1998.
Fees for ADR
Selected ADR seminar papers and publications
- Enforceability of Agreements to Mediate: Seventeen Years After Hooper Bailie (2009) 83 Australian Law Journal 299
- Representing Clients at Mediation: Choosing the Most Effective Role, paper for NSW Bar Association CPD seminar 8 October 2013
- Avoiding the Impasse, paper for NSW Bar Association CPD seminar 19 August 2013
- Dealing with Difficult Mediators ... and Counsel, paper for NSW Bar Association CPD seminar 19 March 2013
- Evaluative Mediation: Is It What Clients Want?, paper delivered at National Mediation Conference 2012, Sydney, 13 September 2012
- The Ethical Limits of Advocacy in Mediation, paper for NSW Bar Association’s Regional Professional Development Conferences 2011
- In preparation: Book to be published by Thomson Reuters with working title Advocacy in Mediation: The Lawyers’ Guide to Effective Representation.