Ian Nosworthy AM

BA, LLB, LFIAMA

Ian Nosworthy AM is a highly experienced Barrister, Solicitor, Arbitrator and Mediator. Ian’s vast experience enables him to offer his clients appropriate strategic advice to achieve an effective commercially sensible outcome.

His reputation as a litigator, arbitrator and mediator extends well beyond Australian shores. As an arbitrator, he specialises in major construction and engineering disputes. He has acted in disputes across Australia, including the REMM Myer Centre dispute. Ian has also acted for, or against, every major insurer in Australia. His experience extends to environmental and farming disputes in arbitrations, mediation and litigation.

Ian is admitted to legal practice in South Australia, Victoria, New South Wales and the Northern Territory. He is a Grade 1 arbitrator and a past President and Life Fellow of IAMA, and his involvement with the Business Law Section of the Law Council of Australia has seen him in positions including Executive Member, Treasurer and Deputy Chairman. In 2012, Ian was appointed by the South Australian Government as a small business mediator. He has published many papers and spoken locally, nationally and internationally on many occasions.

Ian was appointed a Member of the Order of Australia (AM) in the Australia Day 2022 Honours List.

CAREER HIGHLIGHTS

  • REMM Myer Centre dispute. Ian led the defence team for a major international client whose subsidiary was under attack. The defence was successful and was a significant contributor to the demise of the State Bank.
  • Mediator in the Brownhill Keswick Creek Storm Water Management dispute. Ian was appointed by the South Australian Government and helped formulate ideas for resolution of disputes between the five suburban downstream councils.
  • Arbitrator in major engineering infrastructure disputes including, Osborne, the Cooper Basin, Port Hedland, Groote Eylandt and the Southern Expressway. In most major arbitrations Ian has been able to assist the parties to resolve multimillion dollar disputes without proceeding to an award. His emphasis has been upon sensible commercial resolution.
  • Australian Government legal services missions to Malaysia and China with Sir Laurence Street and Attorneys General Williams and Ruddock.
  • 100% success rate in major Income Protection claims for high net worth individuals. Conducted the only successful defence for an insurer in the notorious Dinosaur case.
  • Successful advocate at Supreme Appellate Federal and High Court levels in construction and major damages claims.
  • Successfully conducted litigation throughout Australia, including Broome, Darwin and Uluru.
  • Successful International Mediator in Papua New Guinea infrastructure dispute.

DETAILED RESUME

EDUCATION and TRAINING

University of Adelaide LL.B. 1966, B.A. 1974
Admitted to practice S.A. 1968, N.T. 1978, N.S.W. 1991, Vic. 2000.
Grade 1 Arbitrator (The Institute of Arbitrators and Mediators Australia 1997 – )
Chartered Arbitrator (The Chartered Institute of Arbitrators 2002 – 2018)
NMAS Nationally Accredited Mediator (current to September 2021)
Member LEADR Advanced Panel of Mediators (1992 – 2002)
ACICA Member International Panel of Arbitrators and Mediators (2011 – )
Western Australian Editor, Building and Construction Law (2002 – )

AREAS OF EXPERTISE

Arbitration, Mediation and Alternative Dispute Resolution (ADR)
All aspects of insurance and personal injury litigation, arbitration and mediation
Building construction, engineering and insurance litigation, arbitration and mediation
Major insurance income protection and trauma claims

ALTERNATIVE DISPUTE RESOLUTION EXPERIENCE

Acted as solicitor, counsel, arbitrator, mediator and appointed expert in many disputes from 1986, including:-

  • Numerous insurance, contract, company, family, planning, environmental and commercial disputes (Arbitrator and Mediator) 1996 – 2010
  • Numerous city building disputes including the REMM Myer Centre dispute and many other major building disputes Australia wide (Litigation, arbitration and mediation) 1987 – 2010
  • Professional consultant disputes (Arbitrator and Mediator) 1996 – 2005
  • Highway construction disputes (Arbitration, litigation and mediation) 1987 – 94
  • Water Supply project dispute Papua New Guinea (Mediator) 2005
  • Major city building multimillion dollar disputes (Expert and Mediator) 2005 – 2008
  • Brownhill Keswick Creek Stormwater Management Dispute Mediator 2010
  • Major engineering arbitration referred by the Supreme Court of South Australia 2009 – 2011
  • Major infrastructure arbitration Western Australia 2011
  • Major road building arbitrations 2013, 2019
  • Appointed expert and arbitrator 2018 – 2019

In commercial matters, where I have acted as arbitrator or mediator, the overwhelming majority of matters, including part heard, bitterly fought court proceedings and matters warned for lengthy court hearings have been resolved by agreement.

PRINCIPAL SPEAKING ENGAGEMENTS

Australian Legal Conventions (Hobart 1981, Sydney 1989, Perth 2009)
Lawasia Conferences (New Delhi 1985, Kuala Lumpur 1987, Hong Kong 1989 & Perth 1991)
Society for Computers and Law (U.K.) (York 1980, Brighton 1982)
National Alternative Dispute Resolution Advisory Council Conference (Sydney 2003)
IAMA Conference – Key Note Address (Sydney 2004)
IAMA Conference – Mediation with Sir Laurence Street et al (Canberra 2005)
Shanghai Australia / China Legal Services Seminar (Shanghai 2006)
IAMA Conference – Saving Time & Costs in Major Arbitration (Gold Coast 2012)
Law Council of Australia, BLS/CIArb Conference, Sydney, November 2013 & 2014

Chair of Organising Committee for Australian Arbitration week:-

  • Law Council of Australia, BLS/CIArb Conference, Sydney, November 2015 & 2016
  • Law Council of Australia, BLS/CIArb Conference, Perth, November 2017
  • Law Council of Australia, BLS/CIArb Conference, Melbourne, November 2018

GOVERNMENT REPRESENTATIONS

Federal Computer Advisory Committee representing SA Attorney General (1979-91)
Australian Legal Services Mission to Malaysia (August 2003)
Brisbane China Mayoral Mission Chongqing Shenzhen Shanghai (October 2005)
Australian Legal Services Mission to Beijing and Shanghai (July 2006)
ILSAC: China Working Group (2006 – 2010)
South Australian Government Small Business Mediator (since 2012)

PROFESSIONAL ASSOCIATIONS

The Institute of Arbitrators and Mediators Australia (Life Fellow 2008)

  • National President (2002 – 2004)

Law Society of South Australia, Member of Council (1979 – 84; 1997 – 98)

Law Council of Australia

  • Chairman and Deputy Chairman of Law Practice Management Section (now General Practice Section) (1980 – 86);
  • Construction Law Committee Deputy Chairman (1997 – 2013)
  • BLS Deputy Chairman (2001 – 05) Treasurer (2006 – 2015)

Australian Centre for International Commercial Arbitration (Director 2001 – 2022)
ACICA SA State Committee Chairman (2020 – 2022)
The Chartered Institute of Arbitrators (Fellow) (1998 – 2020) (Councillor 2007 – 2018)
LAWASIA – South Australian Regional Committee Chairman (1991 – 98) Life Member 1996

OTHER ORGANISATIONS

Sturt Football Club, Vice President, Honorary Solicitor and SANFL players advocate (1981 – 92)
Gymnastics SA (Honorary Solicitor 1984 – 2020) Life Membership conferred 2004

CAREER DETAILS

2020 –           Independent Mediator and Arbitrator, Principal Nosworthy Partners
2012 – 2020 Mediator, Arbitrator and Consultant, Cowell Clarke
1993 – 2012 Partner, Nosworthy Partners; Barrister (S.A., N.T., Vic.)
1989 – 1993 Partner, Finlaysons
1972 – 1988 Founding Partner, Managing Partner and Chairman, Ross McCarthy & Nosworthy
1969 – 1972 Partner, Thomson & Co

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