David Gaszner

Location of service: 
Nationally via digital, SA
IP Right: 
Patents, Trade marks, Designs
Organisation: 
Thomson Geer
Contact: 

Street Address: C/- Thomson Geer 19 Gouger St Adelaide  SA 5000

Postal Address: C/- Thomson Geer GPO Box 1663 Adelaide  SA 5001

Email: dgaszner@tglaw.com.au

Phone: 08 8236 1354

Mobile: 0403 069 822

Pricing: 
$440/hr (inc. GST); nominally $4400 (inc. GST) per day. See profile for further pricing detail.

Ordinarily, I do not fix a daily or a part day rate. Rather, I charge for time in fact expended as I consider that usually more fair to the parties. Willing to agree to a rate/cap or other fee arrangement by negotiation having regard to the circumstances of the parties and any other relevant consideration.

Mediation experience

I have conducted mediations and/or acted for parties in mediation in a wide range of commercial matters, including IP, franchising, partnership, shareholder, joint venture and other disputes since 1993.

I have spoken at many conferences on mediation practice and procedure.

I have been a member of the panel of mediators providing mediation services under the Franchising Code of Conduct (administered for the Commonwealth by the Office of the Franchising Mediation Adviser (OFMA)) since that panel was first established  by the Commonwealth in 1998. The OFMA receives direct feedback from participants in mediations, and the note that OFMA has "consistently received positive feedback from disputing parties about David's skills as a mediator' is therefore based on a range of reports from multiple participants in mediations conducted by me.

Mediation qualifications

I graduated from Adelaide University with an Honours Degree of Bachelor of Laws in 1980.  I was first admitted to practice law in South Australia in 1981. I have been admitted and/or am entitled to practice in all Australian state and federal jurisdictions

I completed formal mediation training with LEADR (now Resolution Institute) in 1993 and became a member of its panel of mediators promptly thereafter: I remain a panel member.

I was accredited under the Australian National Mediation Standards when that standard was introduced in 2008/09 and have maintained that accreditation.

I was inducted as a Fellow of the International Academy of Mediators in May 2014.

I have been recognised by my peers as one of the Best Lawyers in Australia (2017, 2018) in the areas of Alternative Dispute Resolution and Litigation.

Specialist experience and qualifications

I have mediated a wide range (and now countless number) of commercial (and other) cases in and across various Australian State and Federal jurisdictions since being first accredited in 1993.

In addition to my work as a mediator, I am, as a partner in the Dispute Resolution Section of large national law firm Thomson Geer, constantly involved in the negotiation and mediation of disputes for clients of the firm.

My areas of practice over 30 plus years have included numerous intellectual property (and related trade practices) matters. I have conducted patent, trade mark and designs litigation in the Federal Court of Australia. I have been involved in the mediation of such disputes as both a mediator and as the solicitor acting for a party in such a matter in mediation.

I am a member of various competition and consumer law, franchising  and intellectual property law organisations, including the Franchising Council of Australia, the Licensing Executive Society (Australia and New Zealand) and the Communications  and Media Law Association.

I was a member of the ADR Standing Committee of the Law Council (before it was brought within the Federal Litigation and Dispute Resolution Section - as to which see further below) and was a member of the Committee that reviewed and updated the Law Council's "Guidelines for Lawyers in Mediation" and developed its "Guidelines for Parties in Mediation" in 2011.

I am a member of the panel of mediators maintained by the Law Society of South Australia.

I have spoken on many mediation related topics (although not IP specific) at numerous conferences including the combined AMINZ and IAM conference in New Zealand in March 2016 (in relation to mediation standards and best practice) and the FCA's National Conference in Canberra in October 2016. I am presenting a further mediation paper at the AMINZ conference in July 2017.

 

Additional information

I am a member of the Law Council of Australia and its Federal Litigation and Dispute Resolution Section (and a past Chair of the Section). The Law Council's standing committee on ADR is a committee of the Section.