The program overview below is provisional and will be updated as planning proceeds. Please check this page regularly.

Thursday 6 April 2017

08:00 – 09:15 Registration
Session 1, Blackwattle Room
09:15 – 09:25 Welcome to Country
Uncle Charles (Chicka) Madden, Gadidal Elder
09:25 – 09:30 Welcome
09:30 – 09:40 Opening
09:40 – 10:30 Non-adversarial Justice: An evolving paradigm
Professor Warren Brookbanks, Auckland University of Technology
10:30 – 11:10 Reflecting on the practice of non-adversarial justice
Chief Justice Wayne Martin, Supreme Court of Western Australia
Convenor: Professor Greg Reinhardt
11:15 – 11:45 Morning Tea
Session 2, Blackwattle Room
Introduction
11:45 – 13:00 Judging and the therapeutic application of the law
Professor David Wexler, Rogers College of Law, Tucson Arizona
13:00 – 14:00 Lunch

 

Concurrent Sessions Session 3A Session 3B Session 3C Session 3D
Family violence Therapeutic jurisprudence Implications of non-adversarial justice Restorative justice
Blackwattle 1 Blackwattle 2 Blackwattle 3 Rose Bay Room
14:00 – 14:30 Non-adversarial approaches to domestic violence: Interrogating how theory and practice can be integrated
The Honourable Judge Eugene Hyman (Ret.), Superior Court of California Professor Rachael Field, Faculty of Law Bond University Queensland
Viewing Hawaii’s opportunity with probation enforcement (HOPE) program through a therapeutic jurisprudence lens
Associate Professor, Lorana Bartels Head, School of Law and Justice, University of Canberra
Judicial stress and wellbeing
Carly Schrever, Judicial College of Victoria
Restorative justice conferencing giving a voice to victims of environment harm: The problem of expertise
Mark Hamilton, Faculty of Law, University of New South Wales
14:30 – 15:00 Safe and supported: Developing a model for mediating family violence cases beyond family law
Dr Becky Batagol, Faculty of Law, Monash University Professor Rachael Field, Faculty of Law, Bond University Queensland
Therapeutic jurisprudence, traditional sentencing theory and behavioural science: Towards interdisciplinary coherence
Ms Michelle Edgely, School of Law, University of New England
Performing judicial authority: Engagement and ethics
Emeritus Professor Kathy Mack, School of Law Flinders University
Professor Sharyn Roach Anleu, School of Social and Policy Studies, Flinders University
A restorative city for New South Wales – could Newcastle be a model?
John Anderson, Newcastle Law School, University of Newcastle
15:00 – 15:30 Specialist Family Violence Courts: Developing best practice
Magistrate Kate Hawkins, Lisa Eldridge, Rob Challis, Magistrates’ Court of Victoria
Let’s talk about compassion as the foundation of a solution focus in sentencing
Dr Anthony Hopkins, Australian National University
Adversary, team player or collaborator? A human rights analysis of the right to counsel in non-adversarial justice
Jennifer Black, Principal Solicitor, Fitzroy Legal Service
Protecting the rights of trafficked women and children and those forced into prostitution through advocacy and non-adversarial justice
Andrea Tokaji, Fighting for Justice Foundation
15:30 – 16:00 Afternoon Tea
Concurrent Sessions Session 4A Session 4B Session 4C Session 4D
Restorative justice Mental Health Courts Appropriate dispute resolution Non-adversarial justice – Indigenous justice
Blackwattle 1 Blackwattle 2 Blackwattle 3 Rose Bay Room
16:00 – 16:30 Forgiveness and apology in the aftermath of serious crime: Restorative opportunities in post-sentencing, prison based practice
Dr Jane Bolitho, School of Social Sciences, University of New South Wales
Improving retention in treatment in the South Australian Magistrates Court Treatment Intervention Court
Magistrate Brett Dixon, Courts Administration Authority, South Australia, and Laura Capozzi, Offenders Aid & Rehabilitation Services Inc
Mediation and conciliation: Identifying worlds of difference
Jeremy Gormly SC, Chair, Australian Dispute Resolution Advisory Council
Koori Court: 15 years young: A review of intended and unintended consequences
Deputy Chief Magistrate Jelena Popovic, Magistrates’ Court of Victoria
16:30 – 17:00 Victim-centred restorative justice: Design and implementation challenges at the innovative justice interface
Associate Professor Rob Hulls, Stan Winford, Nareeda Lewers, Centre for Innovative Justice, RMIT University
Pilot to permanency: The ongoing journey of the WA mental health diversion court
Magistrate Felicity Zempilas, Dr Adam Brett and Mark Edmunds
Culture and ethics in mediation
Dr Lola Akin Ojelabi, School of Law, La Trobe University
Marram-Ngala Ganbu: We are one – the Koori Family hearing day in Victoria
Ashley Morris and Magistrate Kay Macpherson, Children’s Court of Victoria
17:00 – 17:30 The collaborative problem solving project: Ten years on at the NJC
Jay Jordens, Neighbourhood Justice Centre, Collingwood Victoria
The Assessment and Referral Court (ARC) list & Borderline Personality Disorder (BPD) – are they compatible?
Glenn Rutter, Magistrates’ Court of Victoria, Dr Brianna Chesser, Australian Catholic University, and Glen Hardy, Magistrates’ Court of Victoria
Dispute assist – a new service initiative by the Australian Taxation Office providing tailored assistance to unrepresented individual taxpayers
Cameron Grant, Dispute Resolution Strategies, Australian Taxation Office
17:30 – 19:30 Welcome Reception
Barkers Restaurant, PARKROYAL Darling Harbour

Friday 7 April 2017

08:00 – 08:30 Registration
Session 5, Blackwattle Room
08:30 – 09:30 Challenges in applying non-adversarial and therapeutic justice in court systems – The Israeli example
Dr Karni Perlman, Striks School of Law, COMAS, Israel
09:30 – 10:30 Non-adversarial criminal justice in Australia: Surviving, reviving and thriving
Emeritus Professor Arie Freiberg, Faculty of Law, Monash University
10:30 – 11:00 Morning Tea
Concurrent Sessions Session 6A Session 6B Session 6C Session 6D
Workshop:
Solution-focused/Problem-Orientated Courts
Implications of Non-adversarial justice Workshop:
Concepts of non-adversarial justice
Workshop
Therapeutic jurisprudence
Blackwattle 1 Blackwattle 2 Blackwattle 3 Rose Bay Room
11:00 – 11:30 Crossing the ethical line in Problem-Solving Courts
Judge Peggy Fulton Hora, Superior Court of California (Ret.)
Interdisciplinary collaborations – how legal and social services are working together
Jennifer Donovan, Department of Social Work, University of Melbourne
Lawyers as peacemakers, lawyers as changemakers: Values-based practices
J Kim Wright, Cutting Edge Law
Respect, Recovery and Risk:  exploring the opportunities and challenges of a consumer-focused hearing in the civil and forensic jurisdictions of mental health tribunals
Anina Johnson, Deputy President (Forensic), Mental Health Review Tribunal, NSW and Mr Matthew Carroll, President, Victorian Mental Health Tribunal
11:30 – 12:00 Navigating proceedings through the multi-door court house: Moving beyond an ‘adversarial’ or ‘non-adversarial’ characterisation
Joanne Gray, Land and Environment Court of NSW
Session 7A Session 7B Session 7C Session 7D
Therapeutic jurisprudence Panel session
Restorative justice/community justice
Panel Session
Solution-focussed/Problem-orientated Courts
Workshop:
Lawyers and non-adversarial justice
Blackwattle 1 Blackwattle 2 Blackwattle 3 Rose Bay Room
12:00 – 13:00 Offenders: A framework for managing risk and meeting needs
Astrid Birgden, Adjunct Clinical Associate Professor, Deakin University and Consultant Forensic Psychologist, Just Forensic
Restorative justice and problem solving approaches in the community justice model
Elanor Peattie, Victoria Legal Aid, Magistrate David Fanning, Neighbourhood Justice Officer Mr Jay Jordens, Sergeant Mark Higginbotham of Victorian Police Prosecutions and Ms Libby Penman Victorian Legal Aid Lawyer
Family Drug Treatment Court: from establishment to practice and beyond
Elisa Buggy, Education Project Manager, Drug Court, Judicial College of Victoria, Magistrate Greg Levine and Magistrate Kay McPherson, Magistrates Court of Victoria
The irenic lawyer
Judge Joe Harman, Federal Circuit Court of Australia

 

13:00 – 14:00 Lunch
Concurrent Sessions Session 8A Session 8B Session 8C Session 8D
Restorative justice Appropriate dispute resolution Mental Health Courts Family Law Jurisdiction
Blackwattle 1 Blackwattle 2 Blackwattle 3 Rose Bay Room
14:00 – 14:30 The family responsibilities commission: Community led conferencing in Far North Queensland Indigenous communities – 8 years on
David Glasgow AM, Family Responsibilities Commissioner, Family Responsibilities Commission, Queensland
ADR processes: Impact of purpose and values on ethics and justice
Dr Lola Akin Ojelabi and Professor Mary Ann Noone, School of Law, Latrobe University
An examination of stakeholder attitudes and understanding of therapeutic jurisprudence in a South Australian Mental Health Court
Dr Loraine Lim, Senior Clinical Lecturer, University of Adelaide
Understanding the legal information experience: Results of a pilot study
Professor Lisa Toohey, Newcastle Law School, University of Newcastle, New South Wales

 

14:30 – 15:00 From the despair of Don Dale to a brighter future: how restorative justice can lead system change in the Northern Territory
Jared Sharp, NT General Manager, Jesuit Social Services, Northern Territory
Socio-legal constructions of impartiality in mediation
Dr Susan Douglas, School of Law, University of the Sunshine Coast
Lessons from the coalface: Critical reflections of a lawyer working in the Victorian assessment and referral court list
Tania Wolff, Principal Lawyer, First Step Legal, St Kilda
Parents in the care jurisdiction of the Children’s Court: What can non-adversarial approaches offer?
Dr Nicola Ross, Newcastle Law School, University of Newcastle

 

15:00 – 15:30 The opportunity of non-adversarial dialogue
– A practice reflection on restorative conferencing in South Australia
Grant Thomas, Youth Justice Co-ordinator and Ms Winnie Chiu, Care and Protection Co-ordinator, Youth Court of South Australia
Barriers to ADR in the Arabian Gulf: A conversation about training, capacity, and culture
Professor Paula Young, Qatar University College of Law
Developing a Mental Health Court in Western Australia: Dealing with Competing Views
Magistrate Kevin Tavener, Perth Magistrates Court

 

15:30 – 16:00 Afternoon Tea
Concurrent Sessions Session 9A Session 9B Session 9C Session 9D
Mediation Drug Courts Therapeutic jurisprudence Non-adversarial justice
Blackwattle 1 Blackwattle 2 Blackwattle 3 Rose Bay Room
16:00 – 16:30 Emotional responses in medical negligence: Failing to provide emotional closure
Tina Popa & Associate Professor Kathy Douglas, Graduate School of Business and Law, RMIT University
The meaning and application of ‘therapeutic’ in the alcohol and other drug courts of New Zealand
Dr Katey Thom, University of Auckland
Examining magistrates perceptions and use of judicial supervision
Magistrate Pauline Spencer, Magistrates’ Court of Victoria and Dr Benjamin Spivak, Swinburne University
Sustainable justice: the future for courts
Dr Andrew Cannon AM FAAL, Deputy Chief Magistrate, Magistrates’ Court of South Australia
16:30 – 17:00 Informal mediation in criminal cases: a South African perspective
Professor Annette Van Der Merwe, University of Limpopo, South Africa
Laying the foundations: embedding education into the fabric of the drug court
Elisa Buggy, Education Project Manager, Judicial College of Victoria
The Court Integrated Services Program (CISP) – characteristics of successful program completion
Glenn Hardy, Magistrates’ Court of Victoria
Finding the right balance – The Singapore community justice and tribunal division experience
District Judge Wong Li Tein, State Courts of Singapore
17:00 – 17:30 Criminal mediation In Singapore – Tailoring the process to the parties
His Honour District Judge Eugene Teo, State Courts of Singapore
What works and why?  Achieving better outcomes at the Drug Court of NSW
His Honour Judge Roger Dive, Drug Court of New South Wales
The TJ journey continues: Reflecting on the therapeutic jurisdiction in Tasmania
Liz Moore, Court Mandated Diversion and Magistrate
Glenn Hay, Magistrates’ Court of Tasmania
Due process v Therapeutic process redux
Dr Nigel Stobbs, QUT
18:30 – 23:30

Conference Dinner – Sunset Room, Luna Park

Ferry transfers are available and will be departing from Pier 26 Darling Harbour at 18:30


Saturday 8 April 2017

08:00 – 08:30 Registration
Session 10, Blackwattle Room
08:30 – 09:20 Restorative justice
Jon Everest
09:25 – 10:15 Comparing Mental Health Courts and involuntary Civil Commitment Courts
Emeritus Professor Michael Perlin
10:15 – 11:05 Promoting More Therapeutic Forms of Alternative Dispute Resolution (ADR)
Professor Tania Sourdin
11:05 – 11:30  Morning Tea
Workshop and Panel Sessions Session 11A Session 11B Session 11C Session 11D
Panel session
Therapeutic jurisprudence
Procedural justice Panel session
Procedural justice
Panel session
Concepts of non-adversarial justice
Blackwattle 1 Blackwattle 2 Blackwattle 3 Rose Bay Room
11:30 – 12:00 Judicial monitoring in Victoria
Deputy Chief Magistrate Jelena Popovic and other Victorian magistrates 
Death investigation and procedural justice: The quest for balance
Professor Ian Freckelton QC, Victorian Bar

 

 

The hidden or role of frontline court staff: Ushers, interpreters, NGO workers and others
Anton Shelupanov, Justice Studio

Fact finding in family law disputes
Justice Hilary Hannam, Family Court of Australia
12:00 – 12:30 Procedural justice in marginal places: calling out the elephant in the room
Associate Professor Penelope Weller, Graduate School of Business and Law, RMIT University
Concurrent Sessions Session 12A Session 12B Session 12C Session 12D
Workshop
Therapeutic jurisprudence
Panel Session:
Non-adversarial justice
Panel session
Therapeutic jurisprudence
Blackwattle 1 Blackwattle 2 Blackwattle 3 Rose Bay Room
12:30 – 13:30 Increasing capacity to cope: A toolkit for lawyers of clients with a disability or experience of trauma
Daniel Toohey, University of Newcastle
Effective participation of vulnerable accused persons
Felicity Gerry QC, Indigenous Justice and Exoneration Project, Charles Darwin University
Mainstreaming TJ
Judge Ian Dearden, District Court of Queensland
 
13:30 – 14:15 Lunch
Concurrent Sessions Session 13A Session 13B Session 13C Session 13D
Appropriate dispute resolution Community justice Lawyers and non-adversarial justice Victims and non-adversarial justice
Blackwattle 1 Blackwattle 2 Blackwattle 3 Rose Bay Room
14:15 – 14:45 The state courts centre for disputes resolution experience
District Judge Ms Lih Jeng Low, State Courts, Singapore
Neighbourhood justice centre – 10 years on
Magistrate David Fanning, Neighbourhood Justice Centre, Collingwood Victoria
Ensuring meaningful participation in fair mental health tribunal hearings: The critical role of legal representatives
Fleur Beaupert, La Trobe Law School, Latrobe University and Eleanore Fritze, Victoria Legal Aid
Community-based, victim-centred restorative justice for sexual violence – A pilot
Ass Prof Bebe Loff and Dr Liz Bishop, Michael Kirby Centre for Public Health and Human Rights, Monash University Ass Prof Bronwyn Naylor, Centre for Law, RMIT University
14:45 – 15:15 Court-referred ADR: perceptions of members of the judiciary in Australia 
Dr Nicky Mcwilliam, University of Technology Sydney
Registry planning process in a community justice model
Damien James and Jay Jordens, Neighbourhood Justice Centre
How lawyers can capitalise on procedural justice: A framework for best practice for the non-adversarial lawyer
Jennifer Hurley, Graduate School of Business and Law, RMIT University
A less adversarial model for prosecuting child sex cases involving indigenous complainants
Professor Annie Cossins, Faculty of Law, University of New South Wales
15:15 – 15:45 A neighbourhood justice centre for Western Australia? – A feasibility study
Associate Professor Sarah Murray, Law School, University of Western Australia
Sexual violence: Justice outside the courtroom? A New Zealand proposal
Katherine M. McKenzie-Bridle, Senior Legal and Policy Adviser, New Zealand Law Commission
15:45 – 16:00 Afternoon Tea
16:00 – 16:30

Conference closing session

Formal summary of the conference and conference themes.

 

 

 

Conference Website Sponsor

NAJ 2017 - McGirr Technologies

About the Association

The Australasian Institute of Judicial Administration (AIJA) is a research and educational institute associated with Monash University. It is funded by the Law, Crime and Community Safety Council (LCCSC) and also from subscription income from its membership.

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.

Conference Managers

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