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Australia

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In brief The Supreme Court of Victoria’s recent decision in Vergara v Chartered Accountants ANZ [2021] VSC 34 has important implications on the availability of judicial review in respect of the decisions of private bodies in Australia. The full decision can be found here. Mr Vergara’s claim Claudio Vergara was a member of Chartered Accountants Australia & New Zealand (CA ANZ) from May 2001 until his membership was cancelled in March 2015. His membership was cancelled…

In brief In the recent decision of Bywater v Appco Group Australia Pty Ltd [2020] FCA 1877, his Honour Justice Lee of the Federal Court approved a proposed settlement of a class action commenced against Appco Group Australia Pty Ltd. The decision highlights some of the persuasive factors a Court will consider in determining whether to approve a settlement where the proposed settlement sum is significantly less than the asserted value of a group’s claims. Key takeaways His…

Australian Courts: Granting a stay of proceedings The Australian courts are often requested to enforce an arbitration agreement by granting a stay of court proceedings. A stay application may be made when a party has commenced court proceedings despite the existence of an arbitration agreement in the underlying contract. In Australia, the courts may be requested to grant a stay in relation to domestic arbitrations under section 8 of the Commercial Arbitration Act 2010 (NSW)…

The Federal Court of Australia (FCA) has enforced two ICSID awards against the Kingdom of Spain (Spain) in Eiser Infrastructure Ltd v Kingdom of Spain. [1] The FCA rejected Spain’s argument that it was immune from the jurisdiction of the Australian courts (asserted pursuant to sections 9 and 10(7) of the Foreign States Immunities Act 1985 (Cth) (Immunities Act)). The investors (Investors) involved in two ICSID arbitrations applied under s35(4) of the International Arbitration Act…

Six years after its inception, the Belt and Road Initiative (BRI) launched by Chinese President Xi Jinping has entered a new, more mature stage. Now based on a more inclusive, transparent and sustainable approach, the global development strategy has been gaining more traction in the 130+ collaborating countries. However, there are two sides to this particular coin: as the opportunities grow, so do the risks. Risk mitigation and compliance for BRI projects have become top…

Overview of Australia’s class action system Class actions are a well-established dispute resolution mechanism in Australia, under both State and Federal regimes. The threshold requirements for bringing a class action are low: class actions require only that seven or more group members have claims against the same person(s), which are in respect of, or arise out of, the same, similar or related circumstances and give rise to at least one substantial common issue of law…