TCL Air Conditioner (Zhongshan) Co Ltd v. The Judges of the Federal Court of Australia and Anor
Case No.
S178/2012
Case Information
Catchwords
Constitutional law — Judicial power of Commonwealth —Constitution, Ch III — Following an arbitral hearing conducted in Australia in accordance with an agreement between the parties, the second defendant was awarded damages and costs ('arbitral awards') — Second defendant commenced proceedings in the Federal Court of Australia seeking enforcement of the arbitral awards — Plaintiff resisted the enforcement proceedings — Whether Arts 35 and 36 of the UNCITRAL Model Law on International Commercial Arbitration, read with s 7 and Pt III of the International Arbitration Act 1974 (Cth) ('the provisions') purport to confer the judicial power of the Commonwealth on arbitral tribunals contrary to the requirements of Ch III of the Constitution — Whether the provisions impermissibly interfere with the judicial power of the Commonwealth — Whether the provisions undermine the institutional integrity of Ch III Courts and are thus invalid.
Documents
04/07/2012 Application for an order to show cause
04/07/2012 Notice of constitutional matter (Plaintiff)
16/07/2012 Submitting appearance (First Defendants)
23/07/2012 Hearing (Single Justice, Sydney)
21/08/2012 Hearing (Single Justice, Sydney v/link to Canberra & Melbourne)
05/10/2012 Written submissions (Plaintiff)
23/10/2012 Written submissions (Second Defendant)
26/10/2012 Written submissions (Attorney-General of the Commonwealth of Australia intervening)
26/10/2012 Written submissions (Attorney-General for the State of New South Wales intervening)
26/10/2012 Written submissions (Attorney-General for the State of Victoria intervening)
26/10/2012 Written submissions (Attorney-General for the State of Western Australia intervening)
26/10/2012 Written submissions (Australian Centre for International Commercial Arbitration & Ors seeking leave to intervene)
30/10/2012 Written submissions (Attorney-General of the State of Queensland intervening)
30/10/2012 Written submissions (Attorney-General for the State of South Australia intervening)
01/11/2012 Notice of Constitutional Matter (Second Defendant)
02/11/2012 Reply
06/11/2012 Hearing (Full Court, Canberra)
13/03/2013 Judgment (Judgment summary)