Emeritus Professor Hilary Astor

Profile
Publications

Profile

Degrees
B.Tech (Law), PhD Brunel

Courses Taught

Dispute Resolution
Mediation Skills and Theory
Family Law
Legal Research 3

Brief Biographical Detail

Professor Hilary Astor grew up in Blackpool, England and still retains the capacity to recite the dramatic monologue "The Lion and Albert". She received her Bachelors and Doctoral degrees from Brunel University, London, England, where she was a lecturer for ten years. Professor Astor joined the Faculty of Law at Sydney in 1986. In 1997 she was appointed Professor of Dispute Resolution, a position she held until 2010 when she was appointed Full-Time Commissioner at the New South Wales Law Reform Commission. In 2010 the University conferred on her the title of Emeritus Professor.

Her areas of interest are dispute resolution, especially mediation, and family law. She is the co-author, with Professor Christine Chinkin, of Dispute Resolution in Australia (2nd edition, Butterworths, Sydney, 2002). She is well known for her work on the mediation of disputes involving violence against women, relationships of power in mediation and mediator neutrality. She has recently published work on the relationships between family dispute resolution practitioners and family lawyers and conflict handling in universities. She was the inaugural Chairperson of the National Alternative Dispute Resolution Advisory Council, served for many years as a part-time Commissioner of the New South Wales Law Reform Commission and is presently a member of the Council of the Australian Institute of Judicial Administration.

Her interests include music, all forms of textile art, and reading detective novels.

Publications

Conflict handling and dispute resolution : A research report for University B (August 2008)
Enhancing inter-professional relationships in a changing family law system: Final Report (May 2008)
Working on their Relationships: Inter-Professional Practices in a Changing Family Law System, Research Report 2 for the Commonwealth Attorney General's Department (December 2007) with Meredith O’Connor, Ann Sanson, Helen Rhoades, & Narida Lewers
Working on Their Relationships: a study of inter-professional practices in a changing family law system, Research Report 1 University of Melbourne (December 2006) with Helen Rhoades, Ann Sanson and Rae Kaspiew
Conflict Handling and Dispute Resolution: A Research Report for University A (2005)

Books and Monographs

Hilary Astor & Christine Chinkin, Dispute Resolution in Australia, Butterworths: Sydney (2nd ed, 2002).
Hilary Astor, Quality in Court Connected Mediation Programs: An Issues Paper, Australian Institute of Judicial Administration: Melbourne (2001).
Hilary Astor, Position Paper on Mediation, National Committee on Violence Against Women, Office of the Status of Women (1991).
Hilary Astor, Guidelines for use if Mediating in Cases Involving Violence Against Women, National Committee on Violence Against Women, May 1992.
Hilary Astor, Women and Mediation: Information About Mediation for Women, National Committee on Violence Against Women, (1992).

Chapters in Books

Hilary Astor, "Civil Procedure: Gender Issues in Dispute Resolution" in Reg Graycar and Jenny Morgan (eds), Including Gender in the Core Law Curriculum: Work and Violence Themes, DEET (1996).
Hilary Astor, "Family Law: Gender and Dispute Resolution in Family Law" in Reg Graycar and Jenny Morgan (eds), Including Gender in the Core Law Curriculum: Work and Violence Themes, DEET (1996).
Hilary Astor, "The Intersection of Race and Other Grounds of Discrimination" in Racial Discrimination Act 1975: A Review, AGPS: Canberra (1995), 261-272.
Hilary Astor, "The Weight of Silence: Talking About Violence in Family Mediation" in Margaret Thornton (ed), Public and Private: Feminist Debates, Oxford University Press: Melbourne (1995), 174-196.
Hilary Astor, "Swimming Against the Tide: Keeping Violent Men Out of Mediation" in Julie Stubbs (ed), Women, Male Violence and the Law, Institute of Criminology: Sydney (1994), 147-173.
Hilary Astor, "Disability and Discrimination" in Get it Right: Human Rights, Victorian Council for Civil Liberties (1994).

Articles in Refereed Journals

Hilary Astor and Rosalind Croucher, 'The ALRC/NSWLRC’s Family Violence Inquiry: A Work in Progress' (2010) 24 Australian Journal of Family Law 150-159
Hilary Astor, ‘Genuine Effort in Family Dispute Resolution’ (2010) 84 Family Matters 61-63
Hilary Astor, ‘Why do Students Sue Australian Universities?’ (2010) 21(1) Australasian Dispute Resolution Journal 20-32
Helen Rhoades, Hilary Astor & Ann Sanson, ‘A Study of Inter-Professional Relationships in a Changing Family Law System’ (2009) 23(1) Australian Journal of Family Law 10-29
Hilary Astor, ‘Making a Genuine Effort in Family Dispute Resolution: What Does It Mean?’ (2008) 22(2) Australian Journal of Family Law 102-122
Hilary Astor, ‘Australian Universities in Court: Causes, Costs, and Consequences of Increasing Litigation’ (2008) 19(3) Australasian Dispute Resolution Journal 156-169
Hilary Astor, ‘Mediator Neutrality: Making Sense of Theory and Practice’ (2007) 16(2) Social & Legal Studies: an International Journal 221-239
Hilary Astor, 'Some Contemporary Theories of Power in Mediation: A primer for the puzzled practitioner' (2005) 16(1) Australasian Dispute Resolution Journal 30-39
Hilary Astor, 'Improving Dispute Resolution in Australian Universities: Options for the future' (2005) 27(1) Journal of Higher Education Policy and Management 49-65
Hilary Astor & Captain Helen Marks, 'Power in Theory and Practice - The example of the Australian Defence Organisation' (2003) 6(2) Australian Dispute Resolution Bulletin 23-27
Hilary Astor, 'Rethinking Neutrality: A Theory to Inform Practice - Part I' (2000) 11 Australasian Dispute Resolution Journal 73-84
Hilary Astor, 'Rethinking Neutrality: A Theory to Inform Practice - Part II' (2000) 11 Australasian Dispute Resolution Journal 145-154
Hilary Astor, 'Elizabeth's Story: Mediation, Violence and the Legal Academy' (1997) 2 Flinders Journal of Law Reform 13-29
Hilary Astor, 'Mediation of Intra-Lesbian Disputes' (1996) 20 Melbourne University Law Review 953-978
Hilary Astor, 'Violence and Family Mediation: Policy' (1994) 8 Australian Journal of Family Law 3-21
Hilary Astor, 'Mediation of Family Disputes in Australia in Family Law and Gender Bias: Comparative Perspectives' (1992) 4 International Review of Comparative Public Policy 107-116
Hilary Astor & Christine Chinkin, 'Mediator Training and Ethics' (1991) 2 Australian Dispute Resolution Journal 205-223
Hilary Astor & Christine Chinkin, 'Dispute Resolution as Part of Legal Education' (1990) 1 Australian Dispute Resolution Journal 40-56
Hilary Astor & Christine Chinkin, 'Teaching Dispute Resolution: A Reflection and Analysis' (1990) 2 Legal Education Review 1-33
Hilary Astor, 'Domestic Violence and Mediation' (1990) 1 Australian Dispute Resolution Journal 143-153
Hilary Astor, 'Anti-Discrimination Legislation and Physical Disability - the Lessons of Experience' (1990) 64 Australian Law Journal 113-128
Hilary Astor, 'Discrimination in Employment on the Ground of Physical Impairment' (1988) 1 Australian Journal of Labour Law 79-84
Hilary Astor & John Nothdurft, 'Laughing in the Dark - Anti-Discrimination Law and Physical Disability in New South Wales' (1986) 28 Journal of Industrial Relations 336-52
Hilary Astor, 'The Unrepresented Defendant Revisited: A Consideration of the Role of the Clerk in Magistrates' Courts' (1985) 13 Journal of Law and Society, 225-39
Hilary Astor & John Nothdurft, 'Report of the New South Wales Law Reform Commission on De Facto Relationships' (1985) 48 Modern Law Review 61-72 (Cited Baumgartner v Baumgartner (1985) 2 NSWLR 406)

Articles in Non-Refereed Journals

Hilary Astor, 'Mediation and Disputes Involving Violence Against Women: Recent Australian Developments' (1998) 8 Family Mediation 18
Hilary Astor, 'Feminist Issues in ADR' (1991) 65 Law Institute Journal 69-71. (Awarded the Editorial Committee Award, 1990-91 for the best article of the year)
Hilary Astor, 'Domestic Violence and Mediation' (1991) 16 On the Record - Newsletter of New South Wales Community Legal Centres 1 and 12
Hilary Astor, 'Mediation: An Introduction to the Issues' (1990) 15 On the Record. Reprinted by request in the Domestic Violence Newsletter, NSW Women's Co-ordination Unit, 1991, 1-2
Hilary Astor &Christine Chinkin, 'Alternative Dispute Resolution - Panacea or Problem?' (1990) Polemic
Hilary Astor & John Nothdurft, 'Fighting Discrimination: Anti-Discrimination Law in Australia' (1986) 27 Childright, 16-19
Hilary Astor & John Nothdurft, 'A Leap in the Dark: Anti-Discrimination Law and Physical Disability' (1986) 11 Legal Service Bulletin, 250-254

Case Notes

Hilary Astor, 'Indirect Discrimination in the Provision of Government Services' (1992) 3(4) National HIV/AIDS Legal Link Newsletter 10-13

Book Reviews

Hilary Astor, 'Christine Piper, The Responsible Parent: A Study in Divorce Mediation' (1995) 4 Social and Legal Studies 544-5
Hilary Astor, 'Half Way to Equal: Report of the Inquiry into Equal Opportunity and Equal Status for Women in Australia, AGPS: Canberra, 1992' (1993) Australian Journal of Labour Law 74-6
Hilary Astor, 'Rosemary Hunter, Indirect Discrimination in the Workplace, Federation Press: Sydney, 1992' (1993) 15 Sydney University Law Review 388-91
Hilary Astor, 'Gwynn Davis and Mervyn Murch, Grounds for Divorce, Clarendon Press: Oxford, 1988' (1989) 3 International Journal of Law and the Family 240-42
Hilary Astor, 'Penny Darbyshire, The Magistrate's Clerk, Barry Rose, 1984' (1986) Anglo-American Law Review 79-82

Conference Papers - Published proceedings

Hilary Astor, 'Identity, Diversity and Mediation', in Tom Fisher (ed), Conference Proceedings: Fourth National Mediation Conference, Melbourne, 1998. (invited keynote address).
Hilary Astor, 'The Weight of Silence: Talking About Violence in Family Mediation', in Relationships Australia (ed), Domestic Violence: Current Responses, Future Directions, Sydney NSW, 1998.
Hilary Astor, 'Mediation Initiatives and The Needs of Aboriginal Women; Mediation and Cultural Diversity', in Bagshaw, D (ed), Conference Proceedings, Second International Mediation Conference, Adelaide, 1996.
Hilary Astor, 'The Facts About Domestic Violence', A Family Law Day with the Family Law Section of the Law Council of Australia, CLE Department of the College of Law, 1996.
Hilary Astor, 'Same Sex Mediation Mediation Throughout the Family Life Cycle', in Linda Fisher (ed), Proceedings of the 3rd National Family Mediation Conference (1995), Sydney.
Hilary Astor, 'Domestic Violence: Barriers to Telling', Gender Awareness Seminar, Family Court of Australia, Kooralbyn, Queensland, 1994 (Published on video).
Hilary Astor, 'Domestic Violence: The Facts', Gender Awareness Seminar, Family Court of Australia, Kooralbyn, Queensland, 1994 (Print and video).

Conference Papers (unpublished)

Hilary Astor, 'Reforming the Law on Family Violence: Directions for Family Dispute Resolution', Family Relationships Australia National Conference, Melbourne, 3-5 November 2010.
Hilary Astor, 'Improving Evidence and Information Sharing About Family Violence in the Context of FDR' 2010 Family Law Conference: NSW Legal Aid, Sydney, 6 August 2010.
Hilary Astor, 'Family Dispute Resolution in Cases Involving Violence: Inter-professional Practice, Communication and Trust', Family Relationship Services Association 2nd National Conference - Children and Families: Reducing Risk, Building Resilience, Sydney, 24 November 2009.
Hilary Astor, 'Violence and Family Dispute Resolution: A Short History and some Contemporary Challenges', Family Violence Conference: Towards Best Practice, Brisbane, 1-3 October 2009.
Hilary Astor, 'Is there Room for Petunias in the Onion Patch? Diversity and Excellence in Tribunal ADR' Keynote Address, Council of Australian Tribunals 6th Annual Conference Alternative Dispute Resolution and Tribunal Justice, Sydney, 22 May 2009.
Hilary Astor, 'S60I Certificates: Conundrums and Confusion', Australian Dispute Resolution Association Family Dispute Conference, Sydney, 2 May 2009.
Hilary Astor, 'Disputes Between Students and Australian Universities: Lessons from a Survey of Litigated Cases', Its Academic: A National Ombudsman for Australian Universities? Conference, University of Technology and Southern Cross University, Byron Bay, December 2008.
Hilary Astor, 'Transforming the Landscape of Mediation Keynote Address', 9th National Mediation Conference, Perth, September 2008.
Hilary Astor, 'Inter-professional Relationships in Family Law', National Legal Aid Dispute Resolution Forum,Perth, September 2008.
Hilary Astor, 'Teaching Indigenous Issues in Dispute Resolution' The Future of Indigenous Legal Issues in Australian Law Schools Conference, Sydney University, July 2008.
Hilary Astor, 'Family Dispute Resolution and Family Violence: Challenges for the Future' Connexions Conference, NSW Central Coast, November 2007.
Hilary Astor, 'The Mediation of Disputes Involving Violence Against Women', Keynote Speaker Domestic Violence and Incest Resource Centre Annual Family Law Forum, Melbourne, 19th June 2007.
Hilary Astor, 'Hybrid Professionals? Fashioning Family Lawyers and Moulding Mediators' (with Helen Rhoades) Law and Society Association Annual Conference, Humboldt University, Berlin, July 2007.
Hilary Astor, 'What is Happening in Our Own Back Yard? Universities as Dispute Resolvers' National ADR Advisory Council Research Forum, La Trobe University, July 2007.
Hilary Astor, 'Issues in Current ADR Research' Panel Presentation, National ADR Advisory Council Research Forum, La Trobe University, July 2007.
Hilary Astor, 'Early Intervention : Avoiding Inquiries and Litigation about Research Misconduct' Society of University Lawyers Conference, Melbourne, October 2006.
Hilary Astor, 'Designing Systems for Managing Conflict in Large Organisations' Dispute Resolution Symposium, Griffith University, November 2006.
Hilary Astor, 'Alternative Dispute Resolution: Unifying Skills for an Open Culture, Safer Culture', invited paper to NSW Health Open Cultures, Safer Cultures Seminar, Sydney November 2006.
Hilary Astor, 'Integrated Grievance Handling Mechanisms in Universities – A Viable Alternative?' 5th Keynote Speaker, Conference of Ombuds and Deans of Students in Higher Education, University of New England, Armidale, December 2006.
Hilary Astor, 'Court Referral to ADR' Australian Institute of Judicial Administration Annual Conference "Proportionality: Cost Effective Justice", September 2004.
Hilary Astor, 'Power in theory and practice – the example of the Australian Defence Organisation' (with Captain Helen Marks RAN) 6th National Mediation Conference, Canberra, September 2002.
Hilary Astor, 'Mediation – a Good Option for Same Sex Former Cohabitees?', 9th National Family Law Conference, Sydney, July 2000.
Hilary Astor, 'Alternatives to Litigation – The Way Forward ' Australian Law Reform Commission, Managing Justice: The Way Ahead for Civil Disputes, Sydney, May 2000
Hilary Astor, 'Reinventing Neutrality – Bringing Theory and Practice Together' 5th National Mediation Conference, Brisbane, May 2000.
Hilary Astor, 'The Impartial Conciliator: Good in Theory – Impossible in Practice' Human Rights and Equal Opportunity Conciliator’s Conference, Sydney, February 2000.
Hilary Astor, 'Mediating Lesbians' Macquarie Law School Guest Seminar Series, September 1999.
Hilary Astor, 'Integrating Gay and Lesbian Issues into Mainstream Courses', Feminist Legal Academics Workshop, Sydney University, February 1999.
Hilary Astor, 'Violence Against Women and the Legal Academy' Winds of Change, University of Technology, Sydney, , July 1998.
Hilary Astor, 'Mediation : Should Women’s Services Engage With It?' Women’s Services Network National Conference, University of New South Wales, December 1997.
Hilary Astor, 'The Place of Dispute Resolution in Legal Education', National Institute of Law, Ethics and Public Affairs Beyond the Adversarial System: Changing Roles and Skills for Court and Practitioners, Brisbane, 1997.
Hilary Astor, 'The Role of Government in the Regulation of Mediation Standards and Qualifications' Lawyers Engaged in Alternative Dispute Resolution Fifth International Conference in Australia Perth, May 1997.
Hilary Astor, 'Behind Closed Doors: Mediation and Domestic Violence', Victorian Court Network Conference Disputing Families: Families, the Law and Access to Justice, March 1997.
Hilary Astor, 'Power, Identity and Justice in Alternative Dispute Resolution', Australian Law Teachers Association Conference, Diminished Responsibility? The Changing Role of the State, Flinders University, 1996
Hilary Astor, 'Sources of Resistance to Talking About Violence in the Law School Curriculum' Gender in Legal Education Workshop, Feminist Legal Academics Workshop, Australian National University, Canberra, 1995
Hilary Astor, 'Violence Against Women: Silence and Denial', National Family Court Conference, Sydney, May 1994
Hilary Astor, 'Mediating Disputes Involving Violence Against Women', Domestic Violence and Divorce Mediation Conference, Brunel University, England, July 1994
Hilary Astor, 'The Use of Mediation and Counselling in Situations of Domestic Violence', National Community Legal Centres Conference, Perth, 1994
Perspectives on Alternative Dispute Resolution, Public Interest Law Conference, Sydney, 1993
Hilary Astor, 'Doing the Impossible: Talking about Violence in Mediation', Canadian Law and Society Conference, Ottawa, June, 1993
Hilary Astor, 'Talking about Violence in Mediation', Feminism and Legal Theory Conference, Columbia University, New York, June 1993
Hilary Astor, 'Gender Issues in Mediation', First National Conference on Mediation, Melbourne, 1992
Hilary Astor, 'Mediation and Violence Against Women', Inaugural National Family Mediation Conference, University of South Australia, 1992
Hilary Astor, 'Mediation and Violence Against Women: An Australian Perspective', Bunting Institute Colloquium, Harvard, 1991
Hilary Astor, 'Gender Issues in Conciliation', National Conciliators’ Conference, Human Rights and Equal Opportunities Commission, 1991
Hilary Astor, 'Dispute Resolution in the Law Schools', [i||Australian Dispute Resolution Association National Conference]], 1990, jointly with Christine Chinkin
Hilary Astor, 'Women’s Voice in Mediation', Conference on Women and the Law, University of Sydney Women’s Studies Centre, 1990
Hilary Astor, 'Disability - Avoiding Discrimination and Implementing Affirmative Action', Conference on Anti-Discrimination, Equal Opportunity, Privacy Law and Employment Practice: the Second Decade, Sydney, 1990
Hilary Astor, 'Putting Disability on the Agenda', 6th Australian Law and Society Conference, La Trobe University, 1988

Seminar Presentations

Hilary Astor, 'Why Do Students Sue?', Staff Seminar, St George’s College, University of London, London, January 2009.
Hilary Astor, 'Dispute Resolution in Australia' Presentation to a delegation from the Vietnamese Ministry of Justice, Sydney University, August 2008.
Hilary Astor, 'Career Success for Academic Women' Wollongong University, August 2008.
Hilary Astor, 'Student Litigants v Australian Universities' seminar to the Office of the United Kingdom Independent Adjudicator for Higher Education, Reading, July 2007.
Hilary Astor, 'Understanding Power Issues in Mediation' presentation to the Western Australian Dispute Resolution Association, Perth, June 2005.
Hilary Astor, 'Mediation and its Relationship to other Methods of ADR' presentation by invitation to the judges of the Federal Court of Australia, Sydney, March, 2005.
Hilary Astor, 'Mandatory Mediation' presentation to partners and senior staff at Abbott Tout Solicitors.
Hilary Astor, 'Power in Mediation: What is it? How Do We Deal with It?' Australian Defence Organisation Joint Initiatives Group ADR Occasional Seminar Series, Sydney, 18 August 2003.
Hilary Astor, 'Reconstructing the Neutral Mediator', Faculty of Law, Cardiff University, May 2003.
Hilary Astor, 'Mediator Neutrality', Brunel University, School of Law, London, May, 2003.
Hilary Astor, 'NADRAC Round Table on Dispute Resolution', Invited participant, Melbourne, February 2003.
Hilary Astor, 'Power in Theory and Practice: The Example of the Australian Defence Organisation' Department of Defence Professional Development Forum, November, 2002 with Captain Helen Marks.
Hilary Astor, 'The Facts About Domestic Violence', Law Council of Australia, Family Law Section Seminar. College of Law, Sydney, 1996.
Hilary Astor, 'Mediation in the Context of Tribunals' Australian National University, Commonwealth Review Tribunals Conference, September 1996.
Hilary Astor, 'Mediation in Lesbian and Gay Relationships', Faculty of Law, Flinders University Staff Seminar Program, August 1995
Hilary Astor, 'Women, Violence and the Law', Faculty of Law, University of British Columbia Seminar Program, September 1994, with Nan Seuffert and Julie Stubbs
Hilary Astor, 'The Use of Mediation in Disputes Involving Aboriginal Women who have been the Target of Violence', University of Victoria Staff Seminar program, October 1994
Hilary Astor, 'Mediating Disputes Between Lesbians', Canadian Bar Association Gay and Lesbian Section, Vancouver, October 1994
Hilary Astor, 'Mediation: Does the Guardianship Board Need It?', Guardianship Board of NSW All Board Seminar, Section 66 of the Guardianship Act: Bringing the Parties to a Settlement, December 1993
Hilary Astor, 'Reasonable Accommodation and Undue Hardship: the Implications of the Federal Disability Discrimination Act 1992', Human Rights Commission, at the invitation of the Disability Discrimination Commissioner, 1993
Hilary Astor, 'Mediation and Violence Against Women', Inaugural Family Mediation Conference Family Mediation in Australia: Current Issues and Future Directions, University of South Australia, Adelaide, 1992.
Hilary Astor, 'Disability Discrimination Law', Faculty of Commerce, Melbourne University, 1992
Hilary Astor, 'The Federal Disability Discrimination Bill: Implications for Employers'. Arthur Robinson Hedderwicks, Solicitors, Melbourne, 1992
Hilary Astor, 'Discrimination and Occupational Health', Legal and Ethical Issues in Occupational Medicine, Faculty of Medicine, Sydney University, 1992
Hilary Astor, 'Violence in Mediation', Family Violence Group, Harvard Children’s Hospital, 1991
Hilary Astor, 'Why do Disputes Involving Violence Against Women go to Mediation?', Vermont Law School, 1991

The University of Sydney - Sydney Law School

Emeritus Professor Hilary Astor

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