Full Court Minute Books

Case S143/2018

Rinehart & Anor v. Hancock Prospecting Pty Ltd & Ors
Rinehart & Anor v. Georgina Hope Rinehart (in her personal capacity and as trustee of the Hope Margaret Hancock Trust and as trustee of the HFMF Trust) & Ors

Case No.

S143/2018; S144/2018

Case Information

Lower Court Judgment

27/10/2017; 15/12/2017 Federal Court of Australia (Allsop CJ, Besanko J, O'Callaghan J)

[2017] FCAFC 170

[2017] FCAFC 208

Catchwords

Arbitration – Arbitration agreements – Interpretation – Where parties entered into series of deeds containing arbitration agreements – Where primary judge ordered trial of question whether arbitration agreements in deeds null and void, inoperative or incapable of being performed – Where Full Court stayed proceeding and referred parties to arbitration – Whether Full Court erred in concluding arbitration clauses expressed to cover disputes “under” agreement extended to disputes concerning the validity of the deeds or provisions thereof.    

Short particulars

Documents

18/05/2018 Hearing (SLA, Sydney)

01/06/2018 Notice of appeal

15/06/2018 Summons seeking to file a Notice of Cross Appeal - S143/2018 (Sixth to Eighth Respondents)

06/07/2018 Written submissions - S143/2018 (Appellants)

06/07/2018 Written submissions - S144/2018 (Appellants)

09/07/2018 Chronology - S143/2018 (Appellants)

09/07/2018 Chronology - S144/2018 (Appellants)

03/08/2018 Written submissions - S143/2018 (First to Eighth Respondents)

03/08/2018 Written submissions - S144/2018 (First and Second Respondents)

06/08/2018 Written submissions - S143/2018 (Ninth and Eleventh Respondents)

06/08/2018 Written submissions - S144/2018 (Third to Tenth Respondents)

17/08/2018 Written submissions (Australian Centre for International Commercial Arbitration Limited seeking leave to appear as amicus curiae)

17/08/2018 Written submissions - S143/2018 (Wright Prospecting Pty Ltd seeking leave to intervene as a non-party)

17/08/2018 Written submissions - S144/2018 (Wright Prospecting Pty Ltd seeking leave to intervene as a non-party)

24/08/2018 Reply - S143/2018

24/08/2018 Reply - S144/2018

14/09/2018 Written submissions on proposed Cross Appeal - S143/2018 (Sixth to Eighth Respondents)

21/09/2018 Amended written submissions - S143/2018 (Wright Prospecting Pty Ltd seeking leave to intervene as a non-party)

21/09/2018 Amended written submissions - S144/2018 (Wright Prospecting Pty Ltd seeking leave to intervene as a non-party)

05/10/2018 Written submissions in response to amended written submissions - S143/2018 (First to Eighth Respondents)

05/10/2018 Written submissions in response to amended written submissions - S144/2018 (First to Second Respondents)

05/10/2018 Written submisisons in response to amended written submissions - S144/2018 (Third to Tenth Respondents)

05/10/2018 Written submission on proposed Cross Appeal - S143/2018 (Appellants)

12/10/2018 Reply on proposed Cross Appeal - S143/2018 (Sixth to Eighth Respondents)

12/10/2018 Hearing (Full Court, Canberra) - VACATED

13/11/2018 Hearing (Full Court, Canberra) (Audio-visual recording)

13/11/2018 Outline of oral argument (Appellants)

13/11/2018 Outline of oral argument - S143/2018 (First to Eighth Respondents)

13/11/2018 Outline of oral argument - S144/2018 (First to Second Respondents)

14/11/2018 Hearing (Full Court, Canberra) (Audio-visual recording)