On 3 September 2012, Troy Peisley is presenting a seminar to practitioners on the topic of Expert Determination.
See the College of Law NSW website for more information and to register.
This seminar is most relevant to those who appoint an expert to provide a determination under a contract. The presenter will discuss relevant aspects of this unique process of issue/dispute resolution:
• Differences between expert determination and other dispute resolution processes. Is determination appropriate? Do parties need to be in ‘dispute’?
• Advantages and disadvantages of determination.
• Appointment process and the enabling documents: expert determination clauses in originating contracts, expert determination agreements, rules and the role of nominating institutions: 1144 Nepean Highway Pty Ltd v Abnote Australasia Pty Ltd [2009] VSCA 308.
• Stay of proceedings: Ipoh v TPS Property No 2 [2004] NSWSC 289.
• Procedures and process and the role of courts when the process breaks down: Bounty Systems Pty Ltd v Odyssey Gaming Services Pty Ltd [2007] QSC 230.
• The controversies – impugning the determination:
* The contractual description of the determination: Toll (FHL) Pty Ltd v Prixcar Services Pty Ltd & Ors [2007] VSCA 285
* Ouster of courts’ jurisdiction: M1 and Ors v L1 and Ors [2007] NSWSC 346
* Application of natural justice: Lahoud v Lahoud [2010] NSWSC 1297
* Determining questions of law: Savcor Pty Ltd v State of New South Wales and Or (2001) NSWLR 587
* Sufficiency of reasons: Shoalhaven City Council v Firedam Civil Engineering Pty Limited [2011] HCA 38
* Mistakes by determiner: AGL Victoria Pty Ltd v SPI Networks (Gas) Pty Ltd & Anor [2006] VSCA 173
* Arbitrator or Expert Determiner: Northbuild Constructions Pty Ltd v Discovery Beach Project Pty Ltd [2008] QCA 160
• Enforcement of a binding determination.
