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August 30, 2023 | 12:30 PM - 2:00 PM AWST

In-person Event |

MinterEllison,
Allendale Square,
77 St Georges Terrace,
Perth  WA  6000

Pricing
Members: $0
Non-members: Member Only Event
Non-members In-House Counsel: Member Only Event
Category
Professional Skills

Overview (Program Summary)

A program hosted by:

ACC Australia

It is the invariable practice nowadays to include a stepped dispute resolution clause in contracts. These clauses require meetings between the parties and perhaps a mediation before proceedings or arbitrations can be commenced.

Do we make the best use of these clauses to help us avoid or strategically manage disputes?

Mike Hales, Managing Partner, Western Australia, and Edward Fearis, Senior Associate, from the MinterEllison Dispute Resolution team, have conducted a survey of corporate counsel about their use of stepped dispute resolution clauses. The survey produced some interesting findings which are likely to assist corporate counsel in using these clauses to their advantage either to resolve a dispute or, if that is not possible, to at least advance their position in the ensuing proceedings. This workshop will discuss the clauses, the results of their survey and what good strategy and best practice might involve to assist you in resolving disputes at an early stage or strategically managing them to your client's advantage. 
 


Speakers

Mike Hales

Mike Hales, Managing Partner, Western Australia

Mike has more than 25 years' experience to bring to his client's benefit, both in the UK and Australia. He represents industry-leading clients in the energy and resources, property, and construction sectors. Much of his work has been international, in courts and arbitrations.

Mike view disputes as business problems with legal aspects – if the commercial aspects can be resolved, the legal issues tend to follow. It is crucial to direct resources at the issues that truly matter.

He has regularly acted as an advocate and mediator and enjoys devising time- and cost-effective ways to resolve disputes and thinking laterally to overcome issues.

Mike is listed in Best Lawyers, Doyles' Guide, and Who's Who Legal, for dispute resolution, asset recovery and litigation thought leadership.
 

Edward Fearis

Edward Fearis, Senior Associate, MinterEllison Dispute Resolution team 

Edward is an experienced commercial litigator. Edward started his legal as the associate to the Hon Justice Barker in the Federal Court of Australia and was admitted to practice in 2013. Since admission, Edward has practised in a variety of commercial, public law, regulatory and insolvency matters in most courts and tribunals in Western Australia and in the Federal system. He has experience appearing as counsel and junior counsel, and as the lead or a supporting instructing solicitor.

Notes

*Competitor Exclusion – ACC Australia Partner’s may request that representative/s of a competitor organisation/s registered for the event be excluded, and ACC Australia reserves the right to make the final decision as to whether a registration is rejected. As a guide, a competitor organisation could be defined as a rival organisation of similar size to the host Corporate Partner, with an established practice, product or service in the area being showcased by the Corporate Partner’s at the event. Please provide a brief statement as to why you have deemed an organisation to be a competitor, in support of any request to ACC Australia to reject a registration. 

CLE

Credits: 1 CPD Point
Category: Professional Skills

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