On the urging of the good people of Wollongong and Shell Harbour, I have re-enlivened my much loved advice column, featured in the Society Pages of the Illawarra Mercury in the 1980’s, entitled “Ask Bullstrode”. In its heyday, my column was the Blackstone’s commentaries of the self-help world, answering any and all questions posed by my readership on topics of importance to the people of the Illawarra, including relationship advice and, of course, statutory interpretation.
If you have any problem that you simply cannot resolve, like that of young Archibald set out below, please do not hesitate to write me at Level 8, Albert Bathurst Piddington Chambers, 177 Phillip Street Sydney 2000, or at bullstrodewhitelocke@hotmail.com
Dear Bullstrode,
My name is Archie Clifford and I am a graduate lawyer in private practice in Melbourne. Like many of my friends I am concerned about the impending apocalypse. As a man who was heavily involved in most of the major conflicts of the last century, how would you suggest I best prepare myself?
Best regards,
Archie
* * * * *
Dear Archie,
Thank you for your note and kind words.
I am on the public record as having long foretold the end of the world. I was first alerted to the Mayan apocalypse by perhaps the world’s leading authority on the source, Maya Angelou. Over a warm chai tea in the balmy surrounds French Guyana in the late 60’s Maya told me to rethink the way I had interpreted the writings of one of my intellectual heroes, William à Beckett, and once I did, my whole world view changed.
While known more broadly as the first Chief Justice of Victoria, à Beckett was also a knight bachelor and a doomsday prophet and "prepper" of incredible vision. His works, under the nom du plum 'Colonus', such as “The Siege of Dumbarton Castle”, the “Literary News” and most vividly, his magnificent treatise “Does the Discovery of Gold in Victoria Viewed in Relation to its Moral and Social Effects as Hitherto Developed Deserve to be Considered a National Blessing or a National Curse?” were, on further investigation, riddled with opaque references to the apocalypse, Mayan gold and the Robbie Deans’ forthcoming reign of terror as Wallaby coach that had somehow escaped my notice on a superficial reading.
Appreciating the subtext, it became clear why his writings were considered so frightening they were said to have sparked the Eureka uprising and caused Damien Martyn to spontaneously retire from test cricket. I have been warning of, and preparing for, the end of days ever since.
I must confess though, until now I did have just the tiniest slither of doubt, because part of me thought we had dodged the apocalypse bullet when John Howard rolled Paul Keating as Prime Minister. However, having seen a news program last night called “the Walking Dead” I now know with certainty that the apocalypse, as foretold by Colonus, has already struck America and is sweeping towards us as I write.
As such gentle Archie, you are sensible to ask me what to do, because time is most certainly of the essence. Obviously you will already have constructed a bunker, that goes without saying, but as far as provisioning goes, I would suggest the following:
a) obtain as many semi-automatic machine guns as you can get your hands on (obviously this will be easier for those who live near a naval base);
b) grab as many of your neighbours' dogs and cats as you can get your hands on. Such urban livestock will prove invaluable as food supplies dwindle; and
c) beg, borrow or steal at least 100 copies of Whitelocke: On Lawmanship. This book is both an invaluable road map for apocalyptic survival and likely to be the official currency in the future wasteland that was Australia. As with the one-eyed man in the land of the blind, the owner of many of my obscure legal texts will be king in the land where they are as good as a stack of cold, hard cash. If all copies have already been looted, my other works such as ‘Mary Sidney Herbert: A Winsome Spinster’, ‘The Separation of Canon and Common Law: Eight (8) Centuries of Legal Madness’ and ‘From Chaloner Chute to Sir Loveban Lislebone Long: A History of 16th and 17th Century Lawmen with Riotous Names’ will be of equivalent value.
Showing posts with label ADR. Show all posts
Showing posts with label ADR. Show all posts
Thursday, December 6, 2012
Friday, September 3, 2010
Alternative Dispute Resolution
Our cousins across the pacific (hereafter “Americans” and “The People That Brought Everybody Loves Raymond Into the World”) consider themselves innovators. To give them their credit, it is true that Americans invented the internet, global warming and many of the socially disruptive forms of devil music that currently plague our wireless airwaves and encourage our young people into risky romantic encounters with drugs and hipsters like Natasha Stott-Despoja.
Indeed, after hearing that it was recently (sensibly) suggested that a contractual dispute be determined by a man vs werewolf push up competition (Werewolf Pushups ADR) one might be forgiven for thinking that The People That Brought Everybody Loves Raymond Into the World were legal innovators. However, keen readers of the Whitelocke loose-leaf service would be well aware of some of the more innovative alternative dispute mechanisms I have used over the years, that long pre-dated contractually decisive feats of strength between man and werewolf.
While I am famed* for my assiduously litigious nature** and would never actively seek to circumvent the long and expensive court process, I have on behalf of others applied my mind towards engineering innovative alternative dispute resolution solutions.
For example, in 1964 I suggested that a seemingly intractable joint venture company deadlock dispute be settled by a “Race Around the World”. The Race garnered national media attention and proved a highly successful outcome for my client the Bank of Adelaide. Immediately after the counter-party to the dispute, Robert Holmes à Court , left Australia, the Bank petitioned the Court for a just and equitable winding up of the joint venture company due to the likelihood that the ravages of dysentery and various local wars in Africa and Central America would almost certainly see Mr Holmes à Court perish during the race. My client was able to complete the purchase of the remaining 50% of the shares at fire-sale prices before Robert would return to Australia to national celebrity but financial ruin. I was the first to throw the confetti at his welcome back ticker-tape parade and to this day we remain the firmest of friends.
In the mid-90’s I pioneered the use of the following clause for all dispute resolution:
1.1 Notification of Disputes
(a) A party must not commence any arbitration or court proceedings relating to any material dispute arising out of or relating to this deed (Dispute) unless it has complied with the provisions of this clause.
(b) A party claiming that a Dispute has arisen must give written notice to the other party stating that a Dispute has arisen and setting out the nature of the Dispute (Dispute Notice).
(c) Within 25 Business Days of receipt of a Dispute Notice, each party must nominate 13 current employees of the legal representatives who acted for that party in connection with the deed the sublect of the Dispute (Team) and give written notice to each other party of the identity of those representatives.
1.2 Dispute Resolution
(a) Within 20 Business Days of the date of a Dispute Notice, each Team must meet at Lang Park (the Cauldron) to resolve the Dispute by playing 80 minutes of rugby league (the Match). All aspects of the Match, except the fact of its occurrence, must be kept confidential and all communications and interaction between representatives at the Match are made under “State of Origin” conditions, including (without limitation) by taking one game at a time, on a without prejudice mate vs mate, state vs state basis and, to the maximum extent permitted by law, the Match will not be subject to review by the NSWRL Judiciary or other Judicial Body.
(b) The result of the Match is final and binding upon the parties and is not subject to review or appeal except in the case of manifest video referee error of fact.
During the wonderful period in the 90s when this clause was considered boilerplate in many commercial contracts, I employed the following people on part time or casual basis:
Mail room
Terry “the Axe” Gillmeister
John Lomax
Glen Lazarus
Quentin Pongia
Ruben Wiki
Jarrod McCracken
Gordon Tallis
Catering
David “Cement” Gillespie (made a surprisingly good latte’)
Paul Sironen
Hitro Okesene
Aussie Joe Bugner
Jonah Lomu
Va'aiga Tuigamala
Foreign counsel (not Australia Qualified)
Adrian Morley
James Brian Hellwig (trading as “the Ultimate Warrior”)
The Houston Oilers’ Robert Brazile and young Baltimore linebacker Ray Lewis
Indeed, after hearing that it was recently (sensibly) suggested that a contractual dispute be determined by a man vs werewolf push up competition (Werewolf Pushups ADR) one might be forgiven for thinking that The People That Brought Everybody Loves Raymond Into the World were legal innovators. However, keen readers of the Whitelocke loose-leaf service would be well aware of some of the more innovative alternative dispute mechanisms I have used over the years, that long pre-dated contractually decisive feats of strength between man and werewolf.
While I am famed* for my assiduously litigious nature** and would never actively seek to circumvent the long and expensive court process, I have on behalf of others applied my mind towards engineering innovative alternative dispute resolution solutions.
For example, in 1964 I suggested that a seemingly intractable joint venture company deadlock dispute be settled by a “Race Around the World”. The Race garnered national media attention and proved a highly successful outcome for my client the Bank of Adelaide. Immediately after the counter-party to the dispute, Robert Holmes à Court , left Australia, the Bank petitioned the Court for a just and equitable winding up of the joint venture company due to the likelihood that the ravages of dysentery and various local wars in Africa and Central America would almost certainly see Mr Holmes à Court perish during the race. My client was able to complete the purchase of the remaining 50% of the shares at fire-sale prices before Robert would return to Australia to national celebrity but financial ruin. I was the first to throw the confetti at his welcome back ticker-tape parade and to this day we remain the firmest of friends.
In the mid-90’s I pioneered the use of the following clause for all dispute resolution:
1.1 Notification of Disputes
(a) A party must not commence any arbitration or court proceedings relating to any material dispute arising out of or relating to this deed (Dispute) unless it has complied with the provisions of this clause.
(b) A party claiming that a Dispute has arisen must give written notice to the other party stating that a Dispute has arisen and setting out the nature of the Dispute (Dispute Notice).
(c) Within 25 Business Days of receipt of a Dispute Notice, each party must nominate 13 current employees of the legal representatives who acted for that party in connection with the deed the sublect of the Dispute (Team) and give written notice to each other party of the identity of those representatives.
1.2 Dispute Resolution
(a) Within 20 Business Days of the date of a Dispute Notice, each Team must meet at Lang Park (the Cauldron) to resolve the Dispute by playing 80 minutes of rugby league (the Match). All aspects of the Match, except the fact of its occurrence, must be kept confidential and all communications and interaction between representatives at the Match are made under “State of Origin” conditions, including (without limitation) by taking one game at a time, on a without prejudice mate vs mate, state vs state basis and, to the maximum extent permitted by law, the Match will not be subject to review by the NSWRL Judiciary or other Judicial Body.
(b) The result of the Match is final and binding upon the parties and is not subject to review or appeal except in the case of manifest video referee error of fact.
During the wonderful period in the 90s when this clause was considered boilerplate in many commercial contracts, I employed the following people on part time or casual basis:
Mail room
Terry “the Axe” Gillmeister
John Lomax
Glen Lazarus
Quentin Pongia
Ruben Wiki
Jarrod McCracken
Gordon Tallis
Catering
David “Cement” Gillespie (made a surprisingly good latte’)
Paul Sironen
Hitro Okesene
Aussie Joe Bugner
Jonah Lomu
Va'aiga Tuigamala
Foreign counsel (not Australia Qualified)
Adrian Morley
James Brian Hellwig (trading as “the Ultimate Warrior”)
The Houston Oilers’ Robert Brazile and young Baltimore linebacker Ray Lewis
The above persons, with me obviously scheming out of dummy half, ensured that all my clients successfully resolved their disputes and made it very difficult for their opponents to recover (financially and physically). The enthusiasm with which young employees like Cement, Sirro and Ray Lewis enforced exceptions to the parol evidence rule upon pasty and terrified summer clerks from other Sydney law firms was a sight to behold!
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