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Conciliation is a staple element of any proceeding in the Fair Work Commission. Mediation is a standard step in any court proceeding. It is important for industrial lawyers (and sophisticated clients) not to miss an important opportunity to fully explore the prospects of resolving, or at least narrowing the issues in dispute, in matters.
This session will focus on some of the specific issues that arise in industrial law proceedings. How does mediation differ from conciliation? Why have both? What types of matters might benefit from pre-trial mediation? Is arbitration a realistic alternative? Should the approach differ when in mediations with regulators? Consideration will also be given to practical matters such as preparation for mediation, how best to manage the psychological byplay that often arises, and how to break through roadblocks during mediations.
As solicitors and barristers, it is our duty to assist the members of the judiciary to carry out their judicial function. In carrying out that duty, we are subject to very important obligations imposed by the Civil Procedure Act 2010 and the Federal Court of Australia Act 1976. As the consumers of our advocacy services, who better to hear from on such an important topic than the judges.
This session will be focussed on practical measures that can be taken to avoid annoying the court and to ensure that proceedings run as smoothly and efficiently as possible.
The Annual Industrial Law Update CPD took place on 15 October 2018 discussed:
Speaker(s): Chair: Dr Victoria Lambropoulos Speakers: Justice McDonald-Justice of the Supreme Court of Victoria, Head of Industrial Relations and Employment Law List of the Supreme Court, Associate Justice Ieradiaconou-Associate Justice of the Supreme Court of Victoria, Paul O'Grady QC, Joel Fetter-Barrister, Dr Victoria Lambropoulos-Barrister
This CPD session discusses trends on the Employment and Industrial List of the Supreme Court of Victoria, focusing on post employment restraints and injunctions, Corporations Act issues concerning employees and many other topics.
This seminar discusses serious misconduct, summary dismissal and employment contracts, with a focus on the case of Melbourne Stadiums Limited v Sautner (2015) FCAFC 20. The seminar is presented by barrister Jonathon Forbes and senior Deakin University Law Lecturer Dr. Victoria Lambropoulos. The presentations are followed by a Q & A session, moderated by Paul O’Grady S.C.