SYMPOSIUM: ACCESS TO JUSTICE TAKING THE NEXT STEPS

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1 SYMPOSIUM: ACCESS TO JUSTICE TAKING THE NEXT STEPS The Productivity Commission's Access to Justice Inquiry report was released on 3 December The report looks at the accessibility of the justice system, the use of alternative forms of dispute resolution, the regulation of the legal profession and the structure and operations of ombudsmen, tribunals and courts. It also discusses private funding of litigation; and the provision of legal aid, both broadly, and specifically to Aboriginal and Torres Strait Islander people. In the light of this ground breaking report, the Australian Centre for Justice Innovation at Monash University and the Australasian Institute for Judicial Administration are hosting a one-day Symposium that will bring together senior judicial officers, researchers and policy-makers from around Australia to explore and discuss the opportunities and challenges arising from the Access to Justice Arrangements Inquiry report. The Symposium will consider how the issues of costs, timeliness, obligations and processes impact upon accessing the justice system as well as examining issues relating to Legal Aid and Legal Centres. The Symposium will feature keynote speakers and panel discussions from senior judicial officers, administrators and researchers. Date: Friday 26 June 2015 Time: 8.45am pm Venue: Monash University Law Chambers Cost: $495 (inc GST) Full Rate $385 (inc GST) AIJA Members $300 (inc GST) Symposium Speakers If you would like to attend as a delegate or as a speaker, please forward your expression of interest to: nina.massara@monash.edu or call Registration closes 5.00 pm, Friday, 12 June 2015 **Places are limited!**

2 Friday 26 June 2015 Access to Justice: Taking the Next Steps SYMPOSIUM PROGRAM 8:45am 9:15am Registration and arrival tea and coffee 9:15am 9:30am 9:30am 10:00am 10:00am 10:45am 10:45am 11:00am 11:00am 11:45am 11:30am 12:15pm Welcome and Introduction: Professor Tania Sourdin, Director, Australian Centre for Justice Innovation, Monash University Keynote Address: Dr Warren Mundy, Commissioner, Productivity Commission Obligations panel discussion: Morning tea The Honourable Justice Dixon, Supreme Court of Victoria Ms Jacqueline Stone, Manager, Strategy and Development, The Victorian Bar Inc. Issues with Timeliness panel discussion: His Honour Judge Michael Baumann, Federal Circuit Court of Australia Mr Geoff Mulherin, Director, Law and Justice Foundation of NSW Legal Aid/Legal Centres panel discussion: Mr Bevan Warner, Managing Director Victoria Legal Aid Mr Mark Woods, Chair of the Law Institute of Victoria s Access to Justice Committee & Law Council of Australia's Access to Justice Committee. 12:15 12:30 Morning wrap-up and question time 12:30pm 1:15pm 1:15pm 2:45pm 2:45pm 3:00pm 3:00pm 3:15pm 3:15pm 3:45pm 3:45pm 4:30pm 4:30pm 5:00pm 5:00pm Lunch Costs, Processes and Access to Justice panel discussion: The Honourable Justice Patricia Bergin, Chief Judge in Equity Supreme Court of New South Wales His Honour Deputy Chief Magistrate Andrew Cannon AM, Adelaide Magistrates Court The Honourable Justice John Middleton, Federal Court of Australia The Honourable Associate Justice Wood, Supreme Court of Victoria Afternoon wrap-up and question time Afternoon tea Keynote Address: The Honourable Justice Steven Rares Future Directions panel discussion: Dr Warren Mundy, Commissioner, Productivity Commission The Honourable Justice Patricia Bergin, Chief Judge in Equity Supreme Court of New South Wales Department of Justice & Regulation (Vic.)? (to be confirmed) Final Wrap-up and Closing Remarks: Workshop close Professor Greg Reinhardt, Executive Director, Australasian Institute for Judicial Administration

3 ACCESS TO JUSTICE: TAKING THE NEXT STEPS Presenters and Panellists (alphabetical order) The Honourable Judge Michael Baumann AM Federal Circuit Court of Australia Judge Baumann commenced his appointment as a Federal Magistrate on 19 June 2000 and became a Judge of the Federal Circuit Court of Australia on 13 April Michael Baumann was admitted to practise as a solicitor of the Supreme Court of Queensland in Mr Baumann was a sole practitioner and then a partner of the Gold Coast law firm of Bells Solicitors where a substantial part of his practice has been in the Family Law jurisdiction. From 1995 to his appointment, Mr Baumann had been Chair of Legal Aid Queensland. He served as President of the Queensland Law Society from 1993 to 1994 and was awarded the title of Australian Young Lawyer of the Year by the Law Council of Australia in Mr Baumann one of the first practitioners accredited by the Queensland Law Society as a family law specialist. He completed his LLM in Mr Baumann has been actively involved in mediation both as a participant and as a practitioner. He is an accredited mediator with Bond University and an accredited mediator and arbitrator with the Australian Institute of Family Law Arbitrators and Mediators. Since becoming a judicial officer, he was awarded the Outstanding Alumni award by the Law Faculty of the Queensland University of Technology. Since late 2007, Judge Baumann has been the National Coordinator of Case Management for the Federal Circuit Court of Australia (formerly the Federal Magistrates Court) working with the Chief Judge to enhance the efficiency and delivery of service by the Court. As a Judge of the Federal Circuit Court of Australia, he regularly speaks at Conferences on Family Law, case management and related topics. Judge Baumann was recognised for his contributions to the law, case management, legal aid and sporting organisations by being made a Member of the Order of Australia (AM) in the 2012 Australia Day honour s list. The Honourable Justice Patricia A Bergin Chief Judge in Equity Supreme Court of New South Wales After graduating in law from Macquarie University, Justice Bergin practised as a solicitor with Stephen Jaques & Stephen in Sydney from 1981 until her call to the Bar on 10 February Her Honour was appointed Senior Counsel in On 1 March 1999 her Honour was appointed to the Supreme Court of New South Wales serving as a judge of the Equity Division. From 2004, her Honour was the List Judge, in charge of the Commercial List and the Technology and Construction List administering and controlling the busiest commercial court in Australia. In that role

4 her Honour was involved in international exchanges of commercial judges in Sydney, Hong Kong, Singapore and Abu Dhabi. On 6 March 2009 her Honour was appointed Chief Judge in Equity and in that role as an additional judge of the Court of Appeal. On 5 January 2015 her Honour was appointed as an International Judge of the Singapore International Commercial Court. His Honour Deputy Chief Magistrate Andrew Cannon AM Adelaide Magistrates Court Dr Andrew Cannon AM FAAL is Deputy Chief Magistrate and Senior Mining Warden in South Australia. Andrew has a PhD from the University of Wollongong on court policy and access to justice, is an Adjunct Professor at the Flinders University Law School and also at Münster University in Germany and he is a Member of the Order of Australia (General Division) and a Fellow of the Australian Academy of Law. He established the civil procedure for the SA Magistrates Court in the Magistrates Court (Civil) Rules 1992 and updated them in He has a long experience in resolving disputes between landowners and miners and in the opal mining fields at Coober Pedy, Mintabie and Andamooka. He is accredited as an experienced qualified mediator under the National Standard. He has managed the Adelaide CBD court and therapeutic and restorative justice programs including mental health, drug, family violence courts and Aboriginal sentencing conferences. He has published articles and lectured internationally on a variety of topics including practice and procedure reform, comparative law, legal costs, more effective fact finding, mediation, ADR and court experts, therapeutic jurisprudence, restorative justice, family violence and discourse analysis and social media discussions of the work of courts. He is co author of a text book for legal practitioners, Cannon and Hiskey, Magistrates Court South Australia. Andrew was a council and board member of the AIJA and has been appointed as a life member. He was the Deputy Chair of LEADR and participated in the successful amalgamation of LEADR and LEADR NZ and then LEADR with the Institute of Arbitrators and Mediators Australia (IAMA) resulting in one dominant peak body for professional dispute resolvers in Australasia. He is the Chair of the Defence Reserve Support Council in South Australia and has chaired community organisations including the Australia Day Council of SA Inc. and Sail Training and Tall Ship projects. He is married to Jan and they have two adult daughters.

5 The Honourable Justice John Dixon Supreme Court of Victoria The Honourable Justice John Dixon was first admitted to legal practice in Queensland in He was called to the Victorian Bar in 1981, initially practising in criminal law. Later, he practised in commercial and equity matters, particularly property, insurance, and land contamination cases. He was appointed senior counsel in In 2010, he was appointed to the Supreme Court of Victoria, assigned to the Common Law Division. He has managed trial preparation for Black Saturday bushfire class actions, the Beechworth fire that settled on day one, and the Murrundindi fire that has yet to come on for trial. He is the judge in charge of the Major Torts List. The Honourable Justice John Eric Middleton Judge, Federal Court of Australia John Eric Middleton was appointed to the Federal Court of Australia effective from 31 July He was appointed a Deputy President of the Australian Competition Tribunal effective from 16 February He was appointed a presidential member of the Administrative Appeals Tribunal effective from 24 November He was appointed Part-time Commissioner to the Australian Law Reform Commission effective 28 November He graduated from the University of Melbourne as Bachelor of Laws (First Class Honours) and from the University of Oxford as Bachelor of Civil Law (First Class Honours). He was the Winter Williams Scholar (University of Oxford (1976)). He was admitted to practice as a barrister and solicitor of the Supreme Court of Victoria in After serving as Associate to Sir Ninian Stephen, then Justice of the High Court of Australia, he was called to the Bar in 1979 where he practised predominantly in Constitutional and Administrative Law, Resources Law and Commercial Law. He was appointed one of Her Majesty s Counsel for the State of Victoria in 1991 and subsequently became Chairman of the Victorian Bar Council. His extra curial activities include being a Council Member of The University of Melbourne, a member of The American Law Institute, a member of Judicial Liaison Committee for Australian Centre for Commercial International Arbitration, a Board member of the Victorian Bar Foundation, a Fellow of the Australian Academy of Law, and Member of the Editorial Board of The Journal of the Intellectual Property Society of Australia and New Zealand.

6 He was awarded the Centenary Medal in 2003 for services as a former Chairman, Bar Council, to the community and to education. Other Commissions/Appointments: Deputy President - Australian Competition Tribunal Presidential Member - Administrative Appeals Tribunal Part-time Commissioner - Australian Law Reform Commission Mr Geoff Mulherin Director, Law and Justice Foundation of NSW (Details to come) Dr Warren Mundy Commissioner, Productivity Commission Dr Warren Mundy is a Commissioner of the Productivity Commission. Since his initial appointment as an Associate Commissioner in 2009, he has worked on a range of studies and inquiries including being the Presiding Commissioner on the Commission s studies into Local Government as a Regulator and Regulator Engagement with Small Business. He is the Presiding Commissioner on the Commission s current inquiry into Access to Civil Justice and is also currently working on the Commission s inquiry into Public Infrastructure. Warren is a Fellow of the Royal Aeronautical Society of London and the Australian Institute of Company Directors. He is also an Adjunct Professor in the School of Aviation at the University of New South Wales and a member of the University s Aviation Industry Advisory Committee. Since February 2014, he has been a Director of the Sydney Desalination Plant. He also provides advice to a number of Australian airports on pricing, regulatory and environmental issues. His PhD is in economics from King s College Cambridge where he was a Commonwealth Scholar. He has an honours degree in statistics from UNSW, a Masters of Environmental Law (Hons) from ANU and post-graduate qualifications in corporate finance and corporate governance.

7 The Honourable Justice Steven Rares Federal Court of Australia President, Judicial Conference of Australia Steven Rares was appointed a judge of the Federal Court of Australia in He is also an additional judge of the Supreme Court of the Australian Capital Territory. He graduated in Arts and Law from the University of Sydney and after two years working in a solicitors firm he was called to the New South Wales Bar in He was appointed a Senior Counsel in In 2004 and 2005 he was a member of the Judicial Commission of New South Wales. Justice Rares is currently a National co-convening judge and the New South Wales registry convening judge for the Admiralty and Maritime Practice Area and a member of the Comité Maritime International s International Working Group on Offshore Activities. Since October 2014, he has been President of the Judicial Conference of Australia. He is a member of the Board of Management of the Council of the Australasian Institute of Judicial Administration and a member of the National Judicial Orientation Program Steering Committee. He is also the Chairman of the Consultative Council for Australian Law Reporting. Professor Greg J. Reinhardt Executive Director, Australasian Institute of Judicial Administration (AIJA) Greg Reinhardt graduated from the Law School at the University of Melbourne in 1976 with the Degrees of LLB (Hons) and BA. He practised in the firm of Ellison, Hewison & Whitehead (which became Minter Ellison) rising to Partner in 1982 and remained with the firm until 1991 specialising in commercial litigation with emphasis on insurance law and the law of insolvency. In February 1997, Greg took up the appointment as Executive Director of the Australian (now Australasian) Institute of Judicial Administration, affiliated with Monash University. The AIJA is a research and educational institute associated with Monash University. The principal objectives of the Institute include research into judicial administration and the development and conduct of educational programmes for judicial officers, court administrators and members of the legal profession in relation to court administration and judicial systems. Greg has taught a number of insurance law subjects and was the editor of the Australian Insurance Law Bulletin until He is a winner of the AILA award for Insurance Law.

8 Ms Jacqueline Stone Manager, Strategy and Development, The Victorian Bar Inc. (Details to come) Professor Tania Sourdin Director, Australian Centre for Justice Innovation, Monash University Professor Tania Sourdin is the Foundation Chair and Director of the Australian Centre for Justice Innovation (ACJI) at Monash University. Tania has previously been the Director of the Conflict Resolution Centre at La Trobe University and Co-Director of the Alternative Dispute Resolution (ADR) program at the University of Queensland. She is an active mediator, conciliator and adjudicator and is a member of a number of tribunals and panels. Tania wrote the National Mediator Accreditation Standards and has led national research projects and produced important recommendations for court and nonadversarial justice reform. She has conducted research into conflict resolution and disputant perceptions in eight courts and four independent conflict schemes and currently has a number of evaluation projects in this area. Tania has worked across Australia and in New Zealand, Hong Kong, Canada, the United States, the UK, the United Arab Emirates and the Pacific. As well, she is the author of several books (including Alternative Dispute Resolution 4th edition [Thomson Reuters]) and numerous articles and papers and has published and presented widely on a range of topics including commercial dispute resolution, mediation, conflict resolution, complaints management, case management, collaborative lawyering, judicial dispute resolution, high conflict disputants and organisational change. Mr Bevan Warner Managing Director, Victoria Legal Aid Bevan Warner is committed to social justice and the public accountability of officialdom that he traverses in daily life as Managing Director of Victoria Legal Aid Australia s second largest legal aid organisation. As a Board member and full time Managing Director since 2008, Bevan interacts with governments, policy makers and service providers to ensure acutely vulnerable people have access to legal advice and representation to challenge decisions that adversely affect them in civil, criminal and family law. Citing the need for checks and balances in any modern functioning democracy, Bevan oversees AUD $160 million of taxpayers funds, combining the talents of over 600 staff with the goodwill of over 2000 private and community based suppliers of legal aid services, to ensure rights are respected and the rule of law is upheld. Bevan is a member of the Australian Institute of Company Directors.

9 He is a former Chair of the Australian Legal Assistance Forum and National Legal Aid. He is a former Chair of National Legal Aid s Community Legal Education Working Group which was recently nominated for a Prime Minister s Migration Council award for innovation and excellence. Bevan s prior career included time as a workplace change and labour relations advocate and a five year period as a senior executive leading the formation of Western Australia s Indigenous Affairs agency, where he came to appreciate the many underlying causes of indigenous disadvantage and the multiple failures of government programs to incorporate community development principles, necessary to properly address them. He is a former General Manager of Legal Aid Western Australia. The Honourable Associate Justice Jamie Wood Supreme Court of Victoria Admitted to practice Practiced in private and government sectors in criminal, civil, family and personal injury jurisdictions ( ). Worked exclusively in the child protection area ( ). Senior Member, Work Care Appeals Board ( ). Deputy District Registrar ( ), and then Victorian District Registrar, Federal Court ( ). Additional appointments as Admiralty Marshal (1996 to 2006), Registrar of Defence Force Discipline Appeals Tribunal ( ) and Deputy Registrar of Australian Competition Tribunal, and Federal Police Disciplinary Tribunal (2001 to 2006). Master and Taxing Master of the Supreme Court of Victoria ( ). Associate Justice of the Supreme Court of Victoria from 2008 and Costs Judge of the Costs Court since Mr Mark Woods Chair of the Law Council of Australia's Access to Justice Committee Chair of the Law Institute of Victoria s Access to Justice Committee Chair of the Australian Legal Assistance Forum Mark is an Accredited Specialist in Criminal Law and Family Law, and general litigator who has practised in regional Australia for over 30 years. He is a past president of the Law Institute of Victoria, and among other responsibilities chairs its Access to Justice Committee which has oversight of the Institute s Legal Assistance Scheme - a clearing house for referring pro bono cases to those lawyers willing to undertake them. He was founding chair of the LawAid Trust, which funds disbursements and the out of pocket costs of lawyers acting pro bono. Mark chairs the Access to Justice Committee of the Law Council of Australia, the nation s peak body for lawyers. He is currently chairman of the Australian Legal Assistance Forum, the peak collaborative body for the legal assistance sector. He is Vice Chair of the Access to Justice Committee of the International Bar Association.

10 Among other things, Mark is a board member of the National Pro Bono Resource Centre, the Council of Legal Education, and the Victoria Law Foundation. He frequently presents at international conferences on access to justice issues, most recently to the Commonwealth Law Conference in Glasgow in April 2015; the International Bar Association conference in Tokyo in October 2014 and BABSEA in Singapore in October He presented to the Commonwealth Lawyers Association in Capetown in April 2013, the IBA in Boston and BABSEA in Ho Chi Minh City in October In February 2014, he presented and facilitated at the Conference on the Role of Bar Associations in Access to Justice hosted by the Japanese Federation of Bar Associations and the Bar Association of the Kingdom of Cambodia in Pnomh Penh.

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