Conference program
Thursday, 18 May 2000
Welcome reception
Official welcome & opening address
Professor David Weisbrot, President Australian Law Reform Commission, and
The Hon Daryl Williams AC QC MP, Commonwealth Attorney-General
Principal keynote address
The Hon Justice Murray Gleeson AC, Chief Justice, High Court of Australia, 'Managing Justice in the Australian context'
Chair: The Hon Justice John von Doussa, Federal Court of Australia and ALRC Commissioner
Keynote address
Professor Roderick Macdonald, Law Commission of Canada, 'Achieving access to justice through systemic reform - an international perspective'
Chair: Judge Richard Magnus, Senior District Judge, Subordinate Courts of Singapore
Commentator: Dr Kathryn Cronin, Deputy President, ALRC
Keynote address
Professor Hazel Genn, University College, London, "Paths to justice: what people do and think about 'going to law'"
Professor Genn’s address was presented by Ms Andrea Durbach, Director, PIAC
Chair: The Hon Justice JJ Spigelman, Chief Justice, Supreme Court of NSW
Commentators: Ms Diana Bryant QC, Chief Magistrate, Federal Magistrates Court
Professor Rosemary Hunter, Griffith University, Queensland
Parallel sessions
Session A - Promoting fair and effective settlements of civil disputes
Quantitatively, the primary output of courts and tribunals is settlements, Prof Marc Galanter coined the term ‘litigotiation’ to describe the process of bargaining within the shadow of litigation, and noted the limited research on how courts and tribunals facilitate durable, fair and appropriate case outcomes. This session considered associated issues of principle and practice, including the extent to which courts and tribunals should be directly involved in encouraging, brokering and scutinising settlement negotiations. Panellists discussed what works well to produce settlements, and how courts and tribunals might evaluate whether settlement outcomes are fair and effective.
Chair: The Hon Justice Ian Coleman, Family Court of Australia and ALRC Commissioner
Panellists: Mr Bruce Barbour, Senior Member, Administrative Appeals Tribunal
Mr Andrew Cannon, Supervising Magistrate, Magistrates Court (Civil), Adelaide
Professor Peter Sallmann, Crown Counsel, Victoria
Session B - Alternatives to litigation - the way forward
It is now commonplace for disputants to consider and utilise an array of dispute resolution options, within and outside the formal legal process. This session considered both the theoretical and practical challenges associated with this changing environment. Has ADR enriched dispute resolution or consigned court and tribunal adjudication to a narrow and diminishing spectrum of cases? The panel projected the way forward – how to ensure disputants have access to appropriate processes, with skilled and ethical neutrals and adjudicators, and that we realise the social benefits of integrating formal and informal dispute resolution arrangements.
Chair: The Hon Andrew Rogers QC
Panellists: Professor Hilary Astor, University of Sydney
Professor Laurence Boulle, NADRAC
Mr Geoffrey Gibson, Blake Dawson Waldron
Keynote address
Dr Deborah Hensler, Stanford Law School, "Mass torts & large scale litigation"
Chair: The Hon Justice Murray Wilcox, Federal Court of Australia
Commentators: Dr Peter Cashman, Maurice Blackburn Cashman
Mr Geoff Masel, Phillips Fox
Parallel sessions
Session C - Managing complex litigation
Although there may not be a ‘litigation explosion’, it is clear that the courts are dealing with increasingly complex – and thus lengthy and expensive – matters. Whatever happened to the half-day trial? Is complexity a real and inevitable by-product of our sophisticated economy and information age? Can case complexity by remedied or controlled by courts and tribunals through skilful case management, ensuring that parties work to narrow the issues in dispute? This panel of leading litigators considered whether complexity can be managed away – or simply managed – by parties, their lawyers, and the courts.
Chair: Mr Julian Burnside QC
Panellists: Mr Robert Gotterson QC
Mr Gerald Raftesath
Ms Juliana Warner, Freehill Hollingdale and Page
Session D - Managing Native Title Litigation
Native title matters represent a subset of complex litigation cases – albeit a particularly significant and challenging body of disputes in the Australian civil justice system. These matter raise fundamental issues about the management of complex, multi-party cases; the role of governments as parties to a dispute; the role of, and practices associated with, expert witnesses; and the interplay of court and tribunal processes. The panel comprised persons experienced in the handling of native title matters from a variety of perspectives, and with a strong interest in securing the effective management and resolution of such disputes.
Chair: Professor Garth Nettheim, University of New South Wales
Panellists: Ms Louise Anderson, National Native Title Coordinator, Federal Court of Australia
Ms Chris Fewings, Native Title Services, Dept of the Premier and Cabinet, Queensland
Ms Jan Macpherson, Group Advisor – Community Legal, WMC Resources
Mr Les Malezer, ATSIC
Mr Graeme Neate, President, National Native Title Tribunal
Keynote address
Professor William Felstiner, Cardiff University, "Lawyers obligations for managing justice"
Chair: The Hon Justice Catherine Branson, Federal Court of Australia
Commentators: Professor Stephen Parker, Monash University
Mr Donald Robertson, Freehill Hollingdale and Page
Plenary panel discussion & conference close
"The way ahead for civil disputes"
Keynote speakers joined by:
The Hon Sir Anthony Mason, former Chief Justice, High Court of Australia
Mr Bret Walker SC
The Hon Justice Mark Weinberg, Federal Court of Australia and ALRC Commissioner
Professor David Weisbrot, President, ALRC