Training Courses

The Branch conducted a Special International Fellowship examination over the weekend of 26-27 June 2004. Of the 11 candidates who presented themselves, 10 passed the exam. The successful candidates, namely Messrs Neil Brown QC, Simon Davis, Charles Elliot, Anthony Grieve, Robert Holt SC, Mark Johnson, Alan Limbury, Peter Megens, John Wakefield and Nimal Wikramanayake SC, have been invited to sit for the Fellowship Award Writing Examination scheduled for 10 November 2004. This is a rigorous four hour exam with books.

Over the same weekend, we held a Membership Examination. All three candidates, namely Jamie Denniss, Teik Soon Lau and Dr Michael Underdown, who sat for the examination passed.

The Committee wishes to thank the Tutors who kindly made their time available to tutor the candidates for the two courses. The tutors were Malcolm Holmes, QC, Gavan Griffith QC, Doug Jones AM, Derek Minus, Alan Chuck and Jim Creer.

It is proposed to hold an Entry Examination in Melbourne in the first half of 2005. Any member who knows of a possible candidate would the member please make contact with the Executive Officer, Peter Robinson, for details of the course.

While it has taken a long time to position the Branch to conduct a non-lawyer Membership Course, we are pleased to announce, thanks to the very great efforts on the part of Professor Doug Jones to write the Contracts and the Torts work books for candidates to study, it will now be possible for the Branch to conduct the course. While it is too early to advise when the first course will be held next year, we are reasonably confident that the course can now be set up over the next twelve months.

The Branch will hold Special Member and Special Fellowship for lawyers courses in 2005.

Domestic Arbitration Law Reform.

The Branch was instrumental in making a detailed submission to the NSW Attorney General in 2001 to revise and supplement certain provisions of the Commercial Arbitration Act which in turn the Attorney referred to the Standing Committee of the Attorney's General (SCAG) for consideration.

SCAG thereafter sought submissions from other arbitral bodies and the State and Territory Law Societies and Bar Associations.

SCAG indicated its willingness only to adopt some of the recommended amendments to the Act. The current position is SCAG has withdrawn its position in the expectation that the interested bodies may wish to make further detailed recommendations which may possibly lead to the enactment of a new Act rather than piecemeal revisions of the existing legislation.

In our respectful opinion, if SCAG is genuinely intent upon creating a 'user- friendly' legislative climate to encourage a more efficient and cheaper arbitration system, the omission of expedited arbitration provisions is a retrograde step. It is our belief that enforced expedited arbitration would materially lessen the burden of t he District and County courts to determine commercial disputes.

The Branch has approached the NSW Law Society and the NSW Bar Association to join with it to make a fresh, detailed submission to SCAG.

Victorian Chapter

The Victorian Chapter continues to provide opportunities for members living in Victoria to meet and develop networks. The Branch is one of the founding Adjudicator Nominating Authorities under the Building and Construction Industry Security of Payment Act (Vic), and recently received its first request to nominate an Adjudicator. Unfortunately, the case proved to be ill-founded, and the nominee, Jim Robinson, was unable to proceed with the adjudication. It is hoped that an amendment to the Act, to bring it more closely into line with the current NSW version, will lead to a similar increase in appointments here.

The next Chapter event will be a Dinner at the Danish Club on Friday 15 October, at which our guest speaker will be the Hon Neil Brown QC, a member of the Branch, and an Australian member of the Panel of Conciliators at the International Centre for the Settlement of Investment Disputes (ICSID) at Washington DC. He was a member of Federal Parliament from 1969-72 and 1975-91, and served as a minister and shadow minister for much of that time. His after-dinner address will be entitled "Reflections on Politics, the Law and ADR". When we planned the evening, we did not know the date for the federal election, and Mr Brown will no doubt be able to give us an insider's view of who won and why. Flyers for the event have been sent to all members with an address in Victoria, but if you have not received yours, please contact Alan Chuck. Similarly, any interstate members who find themselves in Melbourne on 15 October will be welcome to attend. The fee of $70 per head includes GST, an excellent Danish smorgasbord and wine. Aqvavits and Danish beer are available on a user-pays basis. Partners and guests are welcome.

The final event for the year will be a CPD evening in conjunction with the Victorian Bar and the Victorian Chapter of IAMA. The speakers will be Assoc Professor Richard Garnett, University of Melbourne, and Dr Gavan Griffith QC, of the Victorian Bar, on the subject of "International Commercial Arbitration - An Australian Perspective". The session will be held in the Neil McPhee Room, Owen Dixon Chambers, 205 William Street, Melbourne, on Monday 8 November, commencing at 5.30pm, and followed by drinks in the Essoign Club at the same address. There is no charge for admission, but members wishing to attend are requested to register with the Convenor, Alan Chuck, by e-mail to akc@alankchuck.org.