Australian Law – Alternative Dispute Resolution

ONLY FOR AUSTRALIAN LEGAL PRACTITIONERS.

This is an Australian law subject, if you are not a legal practitioner, please do not attempt this order.

ANSWER ALL THREE QUESTIONS
WORD LIMIT: 2,500 WORDS
Question 1
Analyse Waller v Hargreaves Secured Investments Ltd [2012] HCA 4, identifying the
following:
? Relevant facts
? Issue(s)
? Decision
? Significance to ADR practitioners
NB – You must use the above bullet points as headings in your answer.
[5marks]
Question 2
Critically discuss L Corbin, P Barron, and J Gutman ADR Zealots, Adjudicative Romantics
and Everything in Between: Lawyers in Mediation (2015) UNSW Law Journal Volume 38(2)
492
http://ezproxy.une.edu.au/login?url=http://heinonline.org/HOL/Page?handle=hein.journals/sw
ales38&id=505
[10 marks]
Question 3
Using as a starting point only the reading material attached, identify in a clear and concise
manner:
the essential features of the Australian Indigenous Peoples’ dispute resolution
systems
? the essential features of the western culture alternative dispute resolution
systems
? the advantages each system
? the disadvantages of each system
NOTE: In your answers, you need to refer in a substantial manner to each of the ten (10)
papers outlined in reading materials.
?

[15 marks]

Reading Material
1: Chapter 2, Dispute Resolution in Traditional and Contemporary Aboriginal Society
in :Larissa Behrendt, Aboriginal Dispute Resolution : A Step Towards SelfDetermination and Community Autonomy (1995), 12–29 (18p)
2: Madeleine Sauve, Mediation: Towards an Aboriginal Conception (1996) 80
Aboriginal Law Bulletin, 10
3: Michael Dodson, Power and Cultural Difference in native Title Mediation in Dale
Bagshaw (ed), Addendum to the Conference Proceedings, Second International
Mediation Conference: Mediation and Cultural Diversity 1996
4: Peter R Grose, Towards a Better Tomorrow: a Perspective on Dispute
Resolution in Aboriginal Communities in Queensland (1994) 5 ADRJ 28
5: Hilary Astor, Mediation Initiatives and the Needs of Aboriginal Women in Dale
Bagshaw (ed), Addendum to the Conference Proceedings, Second International
Mediation Conference: Mediation and Cultural Diversity 1996
6: David Spencer, Mediating
in
Commercial Dispute resolution Journal 245

Aboriginal Communities

(1996-97)

7: Loretta Kelly, Mediation in Aboriginal Communities: Familiar Dilemmas, Fresh
Developments (2002) 5 (14) Indigenous Law Bulletin 7
8: Linda Fisher ‘Healing through yarning’: Training issues in an indigenous (sic)
family mediation program (2003) 14 ADRJ 105
9: Samantha Newman, The Mawul Rom Project: An Experience of Cross Cultural
Mediation (2004) 6 Indigenous Law Bulletin 11
10: Toni Bauman, Indigenous Dispute Resolution (2007) 6 (28) Indigenous Law
Bulletin 14

3

Australian Law – Alternative Dispute Resolution

ONLY FOR AUSTRALIAN LEGAL PRACTITIONERS.

This is an Australian law subject, if you are not a legal practitioner, please do not attempt this order.

ANSWER ALL THREE QUESTIONS
WORD LIMIT: 2,500 WORDS
Question 1
Analyse Waller v Hargreaves Secured Investments Ltd [2012] HCA 4, identifying the
following:
? Relevant facts
? Issue(s)
? Decision
? Significance to ADR practitioners
NB – You must use the above bullet points as headings in your answer.
[5marks]
Question 2
Critically discuss L Corbin, P Barron, and J Gutman ADR Zealots, Adjudicative Romantics
and Everything in Between: Lawyers in Mediation (2015) UNSW Law Journal Volume 38(2)
492
http://ezproxy.une.edu.au/login?url=http://heinonline.org/HOL/Page?handle=hein.journals/sw
ales38&id=505
[10 marks]
Question 3
Using as a starting point only the reading material attached, identify in a clear and concise
manner:
the essential features of the Australian Indigenous Peoples’ dispute resolution
systems
? the essential features of the western culture alternative dispute resolution
systems
? the advantages each system
? the disadvantages of each system
NOTE: In your answers, you need to refer in a substantial manner to each of the ten (10)
papers outlined in reading materials.
?

[15 marks]

Reading Material
1: Chapter 2, Dispute Resolution in Traditional and Contemporary Aboriginal Society
in :Larissa Behrendt, Aboriginal Dispute Resolution : A Step Towards SelfDetermination and Community Autonomy (1995), 12–29 (18p)
2: Madeleine Sauve, Mediation: Towards an Aboriginal Conception (1996) 80
Aboriginal Law Bulletin, 10
3: Michael Dodson, Power and Cultural Difference in native Title Mediation in Dale
Bagshaw (ed), Addendum to the Conference Proceedings, Second International
Mediation Conference: Mediation and Cultural Diversity 1996
4: Peter R Grose, Towards a Better Tomorrow: a Perspective on Dispute
Resolution in Aboriginal Communities in Queensland (1994) 5 ADRJ 28
5: Hilary Astor, Mediation Initiatives and the Needs of Aboriginal Women in Dale
Bagshaw (ed), Addendum to the Conference Proceedings, Second International
Mediation Conference: Mediation and Cultural Diversity 1996
6: David Spencer, Mediating
in
Commercial Dispute resolution Journal 245

Aboriginal Communities

(1996-97)

7: Loretta Kelly, Mediation in Aboriginal Communities: Familiar Dilemmas, Fresh
Developments (2002) 5 (14) Indigenous Law Bulletin 7
8: Linda Fisher ‘Healing through yarning’: Training issues in an indigenous (sic)
family mediation program (2003) 14 ADRJ 105
9: Samantha Newman, The Mawul Rom Project: An Experience of Cross Cultural
Mediation (2004) 6 Indigenous Law Bulletin 11
10: Toni Bauman, Indigenous Dispute Resolution (2007) 6 (28) Indigenous Law
Bulletin 14

3