In effect
We established a pool of experienced mediators to help resolve disputes about services declared for access under Part 5 of the Queensland Competition Authority Act 1997 (QCA Act).[1]
| Name | Contact details | Profile |
|---|---|---|
| Bruce Atkinson | 0425 358 897 bruce@basacon.com.au | Bruce Atkinson www.ecmediation.com.au |
| James Bell QC | 07 3232 2150 jbell@carbolic.com.au | James Bell QC https://carbolic.com.au/james-bell-qc/ |
| Nicole Davidson | 0403 523 700 nicole@nicoledavidsonnegotiation.com.au | Nicole Davidson |
| Scott Ellis | 08 9220 0511 sellis@francisburt.com.au | Scott Ellis |
| Michael Klug AM | 07 3292 7009 mklug@claytonutz.com | Michael Klug AM |
| Alan Limbury | 0412 104 809 expert@mediated.solutions | Alan Limbury |
| The Hon Kevin Lindgren AM, QC, FAAL | 02 9232 7626 0414 914 827 kevlindgren@gmail.com | The Hon Kevin Lindgren AM, QC, FAAL |
| Anthony Lo Surdo SC, FCIArb, FACICA, FRI | 02 9223 3181 0407 015 945 losurdo@12thfloor.com.au | Anthony Lo Surdo SC, FCIArb, FACICA, FRI www.silkmediator.com.au |
| John McKenna QC | 07 3360 3353 johnmckenna@qldbar.asn.au | https://www.16quaycentral.com.au/john-mckenna-qc/ |
| Glenn Newton QC | 07 3008 3904 0412 411 147 gnewton@level27chambers.com.au | https://www.level27chambers.com.au/barristers/glenn-newton/ |
| Jonathan Simpkins SC | 0410 465 184 simpkins@evolveresolutions.com.au | http://www.evolveresolutions.com.au/ |
| Mary Walker OAM | 02 8815 9250 inbox@marywalker.com.au | Mary Walker OAM |
We prepared this pool to help parties find mediators (or facilitators for other forms of alternative dispute resolution (ADR)). The aim is to assist parties in speeding up settlement of their disputes. The pool is not prescriptive—parties choosing mediators for their disputes may wish to exclude some of the mediators listed, or consider other mediators not in the pool.
The mediators in the pool are considered to have relevant qualifications and experience and have confirmed they are interested in mediating disputes related to infrastructure declared for access under Part 5 of the QCA Act. While parties will need to consider potential conflicts of interest in each scenario, the pool members indicated they are likely to be in a position to fulfill the functions of independent mediators of most referred disputes.
If a member of the mediator pool is appointed in relation to a particular dispute, they will have been selected and their services contracted solely by the parties to the dispute, not by the QCA. We will have no obligations, contractual or otherwise, to either the parties or members of the mediator pool in relation to any particular ADR appointment. We will also have no obligations more generally in relation to the QCA’s facilitation of ADR services, through publishing this mediator pool or otherwise.
The pool will be updated from time to time.
The Queensland Competition Authority (QCA) is empowered under the Queensland Competition Authority Act 1997 (QCA Act) to facilitate dispute resolution, including by way of mediation. The QCA is seeking applicants for a pool of mediators to assist in resolving disputes relating to services declared for access under Part 5 of the QCA Act.
[1]
The QCA is Queensland’s economic regulator. We help prevent monopoly businesses from inappropriately using their market power. The businesses we regulate own or operate vital infrastructure in Queensland, such as railways and ports.
For infrastructure services that are declared for access, service providers or their customers can bring disputes to the QCA for arbitration. However, we consider that parties to a dispute should, in most instances, first pursue all reasonably available avenues to resolve matters by negotiation, including through mediation or other forms of alternative dispute resolution (ADR).
To assist with this, we are preparing a pool of mediators that will be published on the QCA website. Making the services of the pool’s members readily available to infrastructure service providers and their customers may facilitate speedier dispute resolution and negotiated outcomes.
We will be selecting the members of the mediator pool based on:
- relevant skills and experience (particularly with mediating or determining disputes, and more specifically disputes about monopoly infrastructure, such as that declared under Part 5 of the QCA Act or Part IIIA of the Competition and Consumer Act 2010 (Cth))
- relevant ADR accreditation
- professional standing
- expected independence
- interest and availability.
We ask interested mediators and other dispute resolution professionals to forward their curriculum vitae and a short paragraph (no more than half a page) addressing the above criteria.
Applicants should be aware of the following regarding the proposed operation of the mediator pool:
- The QCA will in its sole discretion select the members of the mediator pool. The QCA will advise members if they are appointed to the pool.
- If a member of the mediator pool is appointed in relation to a particular dispute, they will be selected and their services contracted solely by the parties to the dispute, not the QCA. The QCA shall have no obligations, contractual or otherwise, to the members of the mediator pool in relation to any particular ADR appointment or more generally in relation to the QCA’s facilitation of ADR services (be that through publication of the mediator pool or otherwise).
- The mediator pool will be updated regularly, and members will be able to request amendment to their entry, including withdrawal of the entry, at any time by providing written notice to the QCA.
- Use of the services of members of the mediator pool will not be mandatory, as parties to a dispute will also be free to select other professionals to assist with resolving their disputes, should they choose. Matters regarding ADR will very much remain within the discretion of the parties.
If you have any questions, please contact Mr Stephen Wisenthal on (07) 3222 0555.
Information about the role and activities of the QCA can be found on our website at www.qca.org.au.
Apply at:
The closing date for applications is 5 November 2021.
[1] The services declared under Part 5 of the QCA Act pertain to the Dalrymple Bay Coal Terminal, the rail network operated by Aurizon Network, and most of the rail network operated by Queensland Rail.
Page last updated 8 December 2021.