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Case information
Lower Court Judgment
27/10/2017; 15/12/2017 Federal Court of Australia (Allsop CJ, Besanko J, O'Callaghan J)
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.
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)
08/05/2019 Judgment (Judgment summary)