Clarke Energy (Australia) Pty Ltd v Power Generation Corporation (Trading as Territory Generation) and Robert Holt KC [2025] QSC 64
31-3-25 / Michael Trim — Arbitration, Judicial Review & Administrative
Michael Trim (led by A Wyvill) represented the first respondent, instructed by MinterEllison. The case concerns an application, by Clarke Energy, to set aside an arbitral award on the basis of procedural fairness. The Application relied upon three grounds to establish the asserted breach of natural justice which included; The…
CBI Constructors Pty Ltd & Anor v Chevron Australia Pty Ltd [2024] HCA 28
16-8-24 / Shane Doyle KC — Arbitration, Building & Construction, Contract, International
The High Court of Australia dismissed an appeal concerning whether the Supreme Court of Western Australia could set aside an arbitral award under section 34(2)(a)(iii) of the Commercial Arbitration Act 2012 (WA). The High Court agreed that the tribunal had exceeded its authority by addressing a matter it was functus…
An appeal against the decision in Chevron Australia Pty Ltd v CBI Constructors Pty Ltd. The primary proceedings involved applications by the respondent (Chevron) against the appellants, CKJV, under the Commercial Arbitration Act 2012 (WA) in respect of an arbitral award made in favour of CKJV. Chevron applied to set…
7-12-21 / Michael May, Sean Russell — Arbitration, Land Law & Property
An application to determine whether a dispute, the subject of a proceeding in the Supreme Court, should be allowed to continue and whether directions should be made, or whether the proceedings should be stayed and the dispute determined by an expert pursuant to a contractual provision providing for alternate dispute…
