The High Court On Civil Penalties

The High Court on Civil Penalties

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…

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Court Of Arbitration For Sport

Court of Arbitration for Sport

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…

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Rapport In Mediation

Rapport in mediation

A recent blog on the Harvard Law School, Program on Negotiation website (¬†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…

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Choice Of Mediator

Choice of Mediator

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…

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Litigation Funding Revisited

Litigation funding revisited

On 7 August 2015, the Federal Court of Australia delivered judgment in Blairgowrie Trading Ltd v Allco Finance Group Ltd (Receivers & Managers Appointed) (In Liq) [2015] FCA 811. Blairgowrie Trading Ltd and Alan and Chrystine Flitcroft (as trustees of…

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