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Howard Elliott Profile PDF Print E-mail
Written by Howard Elliott   
Thursday, 22 May 2008 21:56

PROFILE – HOWARD N.J. ELLIOTT

BM, MM, MBA, DipLaw(DR), CArb, DipTA, IJ(Aus)

MACS MIAMA MACLA

© ARBITRATOR © MEDIATOR © EXPERT DETERMINER ©

 

Howard has been a part of the Information and Communications Technology industry for over 25 years. Having considerable experience in Project Management, Systems Development, Network Engineering, Electronic Commerce and Internet development, Howard began mediating in 1999.

Since then, Howard has helped a number of organisations through the dispute resolution process. This has included mediations, expert determinations and dispute strategy.

Howard has particular expertise in the following areas:

 

  • Banking and Finance
  • Building and Construction
  • ContractPreparation
  • Contract Management
  • Dispute Management
  • Dispute Strategy and Planning
  • Dispute Avoidance
  • Dispute Systems
  • Distribution
  • Domain Names
  • Electronic Commerce
  • General Commercial
  • IT Systems Development
  • IT Systems Acquisitions
  • Intellectual Property
  • Maritime
  • Partnership
  • Professional Negligence
  • Privacy
  • Residential Tenancy
  • Sport and Sporting Associations
  • Workplace

 

Recent Mediations and Dispute Resolution

  • Claim by landlord for unclaimed back rent on commercial property. Rent was not automatically increased as per contract over a period of 7 years and amounted to a total claim of $750,000. Lease was due to expire and tenant was threatening to move out. Settled after 2 day mediation.
  • Internet website development failed delivery timeframe and scope. Actual duration was nearly twice as long as specified in the contract. Purchaser invoked DR clause claiming $500,000 in damages. Resolution in 4 weeks which included a 3 day mediation.
  • Systems acquisition by large retailer was not delivered within the contracted period. Vendor blamed purchaser for delaying sign off and failing to provide required information. Value $2,600,000. Duration 3 days.
  • Internet web application development for large financial institution not delivered with timeframe. Vendor claims exceeded contract payment schedules. Value $1,500,000. Duration 3 days.
  • Systems Development for government department. Dispute arose regarding payment milestone and whether acceptance was achieved. Acted as expert determiner within contract DR clause. Value $450,000. Duration 5 days.
  • Systems acquisition for government department. Payment claimed exceeded contracted value. Expert Determination. Value $210,000. Duration 3 days.
  • Residential development contract. Payments claimed exceeded contract value. Construction was late. Various defects. Value $600,000. Duration 2 days.
  • Intellectual Property ownership dispute relating to computer programme developed by a vendor for a client. Value $350,000. Duration 2 days.


Personal Style

Howard is an accomplished IT professional, familiar with all aspects of systems development and acquisition. He uses this knowledge and expertise to assist clients see the big picture issues. Although personable and easy going, Howard maintains very strict protocol throughout a mediation to ensure that all parties are treated fairly and with respect.

What My Clients Say About Me

Howard’s deep technical understanding and knowledge of common business practice allowed him to accurately and fairly understand and communicate the key issues of our case.

Howard has a warm comfortable style that encouraged the participants to communicate openly and freely.

Howard’s ability to identify the key issues allowed us to quickly develop a list of solutions and concentrate on agreeing the most appropriate solution.

Howard’s knowledge of systems development helped us communicate to the client the issues we faced in meeting the project constraints.

Howard has the ability to communicate easily with both management and the employees. He earned the respect of both sides enabling a quick resolution to the dispute.

The determination provided by Howard showed a detailed knowledge of the technological issues as well as the legal issues of the dispute.

Promoting ADR

Howard is one of the leading advocates for the promotion of ADR in the ICT industry.

In 2004 Howard initiated a programme within IAMA to raise the profile of ADR within the IT industry. The programme saw the first survey of Dispute Resolution carried out in the Australian IT industry. Following a successful public launch of the survey results, Howard became a member of the IAMA/ACS/PMI Joint Working Committee on ADR in the IT industry.

This Joint Working Committee is currently developing the ADRoIT (Alternative Dispute Resolution over IT) Principles for dispute management, avoidance and resolution in the IT industry.

Howard was co Chair of the IAMA ICT Special Interest Group.

Publications

  • “Alternative Dispute Resolution in the Australian ICT Industry” IAMA, ACS & PMI. 2007. Co Author with A Grieve.
  • “Dispute Resolution in the IT Industry” Paper presented at 2008 IAMA National Conference
  • “Handling Allegations of Gross Misconduct in Sport – A guide for Tribunal Members” 2005.


Background

Howard has been involved in the IT industry for over 25 years. Howard initially worked for large multinational IT companies including Digital Equipment Corporation, Stratus and Tandem Computers, but his experience now includes Telecommunications, Government, Distribution, Finance and Retail. In the late ‘80s Howard established his own consulting firm; specialising in providing Technical, Marketing and Strategy consulting services to large corporations, telecommunications service providers and governments.

Howard has carried out assignments for Optus Communications, Telstra, Cable & Wireless (UK), Cable & Wireless (HKG), SingTel Optus, KDD, BT, DBPT, Citibank, Fat Prophets, MasterCard, Westpac, Commonwealth Bank and NSW Government. These assignments have typically been large infrastructure & investment projects, electronic commerce projects, mergers & acquisitions and strategic & tactical marketing projects.

In addition to business interests, Howard is a fully accredited International Sailing Judge and a member of the Australian Sailing Appeals Committee. Howard officiates at many international sailing events including World and Olympic Championships.

 

Howard is married with a young family and lives in Sydney Australia. Howard is a Director of Telemetrics Pty Limited.

 

Last Updated ( Thursday, 22 May 2008 22:04 )
 
 

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