The Commercial Bar Association of Victoria Inc. A0120851O
Tom Curran of the Sydney Sixers was banned for 4 matches for intimidating an umpire under the Cricket Australia Code of Conduct. Curran appealed the decision on the basis that he did not have any intention to intimidate. The appeal was dismissed.
The High Court has held that where parties have agreed to arbitrate any dispute, and the International Arbitration Act applies, even a real risk (or prima facie case) that the arbitration agreement is null and void will not prevent the stay of any court proceedings and referral of the matter to arbitration.
Summary judgment for a statutory debt claim under security of payment legislation was refused because there was an arguable defence of misleading or deceptive conduct that was not a defence arising “under the construction contract”.
The County Court of Victoria has recently created a specialist Arbitration List to facilitate the voluntary referral of appropriate commercial proceedings to arbitration. How the list works and what this means for litigants is explained below.
FINA’s new policy, which provides that transgender women cannot compete in elite swimming competitions if they have experienced male puberty, gets the balance right.
The Appeal Division of the Court of Arbitration for Sport (“CAS”) has dismissed appeals by the World Anti-Doping Agency and Sports Integrity Australia against a first instance decision of CAS which reduced Shayna Jack’s period of suspension from 4 years to 2, for taking the prohibited substance, Ligandrol.
The Victorian Court of Appeal has clarified the law in relation to apportionable claims and determined that a failure to take reasonable care must be alleged as part of the pleaded claim for a claim to be apportionable.
Three world-class swimmers and the International Swimming League have commenced proceedings in California against FINA to prevent it from banning swimmers, who compete in “non-authorised” swimming events, from competing at the Olympics.
The Court of Arbitration for Sport (“CAS”) has partially upheld an appeal by swimmer Shayna Jack reducing her period of suspension from 4 years to 2 for taking the banned substance, Ligandrol.
The Supreme Court of Victoria has determined to enforce part of an arbitration award under the Commercial Arbitration Act 2011 (Vic), while refusing to enforce other parts where the reasons were inadequate and which also failed to identify a specific and ascertainable award amount.
The NSW Court of Appeal has set aside an adjudication determination because the adjudicator made his finding on the basis of a reference date that was not available and because he denied the parties procedural fairness.
The High Court has significantly reduced the scope of the doctrine of quantum meruit in so far as it applies to work undertaken pursuant a contract which has been discharged. In such a case, quantum meruit is only available for completed work but for which a contract entitlement has not crystallised at discharge.
Court upholds VCAT decision to allow builder to recover on quantum meruit basis (after wrongful repudiation by owner), based exclusively on evidence of quantity surveyor; and finds that s 38 of the Domestic Building Contracts Act 1995 (Vic) does not apply to quantum meruit claims.
The Queensland Court of Appeal upholds an arbitrator’s award despite procedural missteps – no “real unfairness” or “practical injustice”.