ANSWER ALL THREE QUESTIONS

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