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REPLY TO ADR LETTER
( ADR LETTER )
FROM NOOSA SHIRE COUNCIL
WAKEFIELD SYKES SOLICITORS,
Noosa Shire Council,
9 Pelican Street,
TEWANTIN QLD 4565
12th February 2007
BY FAX: 5447 1062 - 2 PAGES
BY EMAIL: Legal@noosa.qld.gov.au
Dear Sir,

RE : 63 NANDROYA ROAD COOROY

I refer to your letter to me dated 6 February 2007 indicating the Noosa Council's preference for Alternative Dispute Resolution (ADR) procedures.

You need to firstly understand that, at this stage it is only myself that will be suing Noosa Council and others. If all the issues are not resolved or not resolved satisfactorily by way of my proceedings, then within the statutory time for doing so, my daughter will engage senior counsel to initiate her own proceedings against the Council and others.

Your offer of having this matter dealt with by Alternative Dispute Resolution (ADR) is acceptable in principle subject to conditions. My daughter's position as outlined above would apply. Should issues be completely resolved by the proposed ADR then my daughter agrees to become part of and bound by any final ADR agreement regarding those issues.

MY INITIAL DRAFT PROPOSAL OF ADR CONDITIONS IS AS FOLLOWS:
1.
 The ADR is to be carried out by LEADR, ( http://www.leadr.com.au ) who will engage mediator/s competent in the understanding of Commonwealth Trade Practices Law. [more about LEADR]
2.
 All LEADR expenses involving myself (or my daughter) are to be paid for by the Noosa Shire Council.
3.
 As an ADR cannot involve multiple parties without consensus, it is the responsibility of Noosa Council to arrange consensus with all existing and potential third parties. Currently those existing and potential third parties are :
(a) Noosa Property Shop Pty. Ltd. trading as Laguna Tewantin.
(b) Ms. Jill Burke (employee of Noosa Property Shop Pty. Ltd.).
(c) Mr. Adam Britton (Commercial Development Manager, Noosa Council).
4.
 All evidence submitted to the ADR process by any person is to be by affidavit or be sworn on oath.
5.
 The Noosa Council is to immediately provide to me free of charge copies of all relevant public and private records including building records (excepting those that are privileged) it has in its possession that it has not already supplied relating to all or any of the issues or potential issues in dispute.
6.
 All current and potential issues in dispute are to be addressed by the ADR process. I specifically mention at this point that there appears to be a further issue evolving regarding potentially false written and oral representations made prior to contract regarding the legal domestic usage associated and incidental to the property at 63 Nandroya Road.
7.
 The ADR process is to determine the amount of loss, damages and rectification work that is involved.
8.
 I shall be entitled to a Reply pleading to the Defence of the Council and any third party.
9.
 The ADR determinations (including loss and damages) are to rely on relevant legal authorities available in Australia. A copy of any authority relied upon by the Council or any third party shall be provided to myself in writing 21 days in advance of any Reply being due.
10.
 As the Noosa Council is a public body, the ADR process is not to be confidential and all material involved may be published by any party to any person or persons.
11.
 The ADR outcome of each issue in dispute would only be a finality to each issue and binding on each party by the express agreement of each party to any final ADR agreement. In the event of there being unresolved issues any party may apply to a Court or Courts of appropriate jurisdiction for declarations, damages or other appropriate remedies.


Yours faithfully,

Gordon Craven

C.C. This letter is published at, http://www.noosarealtor.com/ADR/adr-1.html



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