SEARCH
Justinian News

Class action against pro-Palestine academics at the University of Sydney ... Toltz v Riemer; Toltz v Keane ... Federal Court file >> 

Politics Media Law Society

My Role in Gough's Downfall ... Reporter-at-Large … Scoops that flushed out the deceit behind the Dismissal … Big anniversary chinwag in Canberra on November 11 … The combined forces of Kerr, Ellicott and cousin Garfield … Constitutional manipulation … Maurice Byers to the rescue ... Read more >> 

This area does not yet contain any content.
Free Newsletter
Justinian Columnists

Knit one, purl one ... Iron Lady of legal rectitude endorses Gageler ... The chief justice wants judges on the straight and narrow ... The cardboard cutout model of legislative supremacy ... The evils of judicial activism ... Procrustes on the dance floor with the Legislative-Judicial Foxtrot ... Read more >> 

Blow the whistle

 

News snips ...


Justinian is taking a short break ... Normal transmission resumes on Monday, October 6, 2025 ...

Justinian's Bloggers

Berlusconi's dream world ... Revenge politics in Italy ... Independence of prosecutors under attack ... Constitutional assault ... The years of lead ... Investigations reopened into old murders ... High drama at Milan's Leoncavallo ... Rome correspondent Silvana Olivetti reports ... Read more >> 

"If we’re only picking people who have got completely lily-white records then we’ll be missing out on a lot of people that can contribute to public life.

NSW Premier Chris Minns, endorsing Mal Lanyon, his pick for Police Commissioner, whose contributions to public life include shouting drunken obscenities at a paramedic who came to his aid, and commandeering a police launch for private entertainment on New Year's eve ... Read more flatulence ... 


Justinian Featurettes

Schmoozing and betrayal ... Judge Water Softener rides into Integrityville mounted high on his horse ... Judicial review of corruption finding ... Intriguing submissions ... Unprecedented assistance to morals monitor ... The scale of the sub-rosa intrigue ... Plenty to think about ... Ginger Snatch reports ... Read more >> 

Justinian's archive

News Desk Special ... Angelic death notices from the bar ... Soapy slips on FOI changes ... Unusual interlocutory costs order for Chris Dale ... Judge ticks off Abbott in letters' page ... Knock About's festive salute to the coppers ... January 19, 2015 ... Read more >> 


 

 

« Of lambs and slaughter | Main | Library News »
Monday
Sep062010

Alternative dispute resolution

Always the pioneer Bullstrode Whitelocke KC comes up with an innovative ADR solution ... A 90-minute rugby league playoff at The Cauldron with teams drawn from the rival law firms of the parties in dispute ... Cement, Sirro, The Axe and Lomu handy in catering and the mail room

Our cousins across the Pacific (hereafter “Americans” and “The People That Brought Everybody Loves Raymond Into the World”) consider themselves innovators.

To give them their credit, it is true that Americans invented the internet, global warming and many of the socially disruptive forms of devil music that currently plague our wireless airwaves and encourage our young people into risky romantic encounters with drugs and hipsters like Natasha Stott-Despoja.

Indeed, after hearing that it was recently (sensibly) suggested that a contractual dispute be determined by a man vs werewolf push-up competition (Werewolf Pushups ADR) one might be forgiven for thinking that The People That Brought Everybody Loves Raymond Into the World were legal innovators.

However, keen readers of the Whitelocke loose-leaf service would be well aware of some of the more innovative alternative dispute mechanisms I have used over the years, that long pre-dated contractually decisive feats of strength between man and werewolf.

While I am famed* for my assiduously litigious nature** and would never actively seek to circumvent the long and expensive court process, I have on behalf of others applied my mind towards engineering innovative alternative dispute resolution solutions.

For example, in 1964 I suggested that a seemingly intractable joint venture company deadlock dispute be settled by a “Race Around the World”.

The Race garnered national media attention and proved a highly successful outcome for my client the Bank of Adelaide. Immideiately after the counter-party to the dispute, Robert Holmes à Court, left Australia, the Bank petitioned the Court for a just and equitable winding-up of the joint venture company due to the likelihood that the ravages of dysentery and various local wars in Africa and Central America would almost certainly see Mr Holmes à Court perish during the race.

My client was able to complete the purchase of the remaining 50 percent of the shares at fire-sale prices before Robert would return to Australia to national celebrity but financial ruin. I was the first to throw the confetti at his welcome back ticker-tape parade and to this day we remain the firmest of friends.

In the mid-90s I pioneered the use of the following clause for all dispute resolution:

1.1 Notification of Disputes
(a) A party must not commence any arbitration or court proceedings relating to any material dispute arising out of or relating to this deed (Dispute) unless it has complied with the provisions of this clause.

(b) A party claiming that a Dispute has arisen must give written notice to the other party stating that a Dispute has arisen and setting out the nature of the Dispute (Dispute Notice).

(c) Within 25 Business Days of receipt of a Dispute Notice, each party must nominate 13 current employees of the legal representatives who acted for that party in connection with the deed the sublect of the Dispute (Team) and give written notice to each other party of the identity of those representatives.

1.2 Dispute Resolution
(a) Within 20 Business Days of the date of a Dispute Notice, each Team must meet at Lang Park (the Cauldron) to resolve the Dispute by playing 80 minutes of rugby league (the Match). All aspects of the Match, except the fact of its occurrence, must be kept confidential and all communications and interaction between representatives at the Match are made under “State of Origin” conditions, including (without limitation) by taking one game at a time, on a without prejudice mate vs mate, state vs state basis and, to the maximum extent permitted by law, the Match will not be subject to review by the NSWRL Judiciary or other Judicial Body.

(b) The result of the Match is final and binding upon the parties and is not subject to review or appeal except in the case of manifest video referee error of fact.

During the wonderful period in the 90s when this clause was considered boilerplate in many commercial contracts, I employed the following people on part-time or casual basis:

Mail room

Terry “the Axe” Gillmeister
John Lomax
Glen Lazarus
Quentin Pongia
Ruben Wiki
Jarrod McCracken
Gordon Tallis

Catering

David “Cement” Gillespie (made a surprisingly good latte’)
Paul Sironen
Hitro Okesene
Aussie Joe Bugner
Jonah Lomu
Va'aiga Tuigamala

Foreign counsel (not Australia Qualified)

Adrian Morley
James Brian Hellwig (trading as “the Ultimate Warrior”)
The Houston Oilers’ Robert Brazile and young Baltimore linebacker Ray Lewis

Ruben Wiki making another urgent internal mailrunThe above persons, with me obviously scheming out of dummy half, ensured that all my clients successfully resolved their disputes and made it very difficult for their opponents to recover (financially and physically).

The enthusiasm with which young employees like Cement, Sirro and Ray Lewis enforced exceptions to the parol evidence rule upon pasty and terrified summer clerks from other Sydney law firms was a sight to behold!


* Indeed, worshipped in Guam the spiritual home of aggresive litigation.
**Having incorrectly been deemed a vexatious litigant on any number of occasions

Visit Bullstrode Whitelocke KC's blog

Reader Comments

There are no comments for this journal entry. To create a new comment, use the form below.
Member Account Required
You must have a member account on this website in order to post comments. Log in to your account to enable posting.