Name: The Hon. Peter Vickery QC
Qualifications: LLB, LLM, LEADR, FCIArb, ACICA
Organisation: Owen Dixon Chambers
Immediation Practice Area: Mediation, Arbitration, Expert Determination
In my 30 years at the Victorian Bar, I developed a wide-ranging practice in trial and appellate jurisdictions, in commercial and administrative law, while focussing on engineering and construction law. In the course of my practice as a silk, I was briefed in a number of major commercial cases and in the field of engineering and construction.
I was appointed as a Justice of the Supreme Court of Victoria in 2008. I retired from the Court on 8 May 2018 to become an Arbitrator; Referee; DRB Panellist; Mediator and ENE Evaluator & provider of Expert Determinations.
In the course of my practice as a silk, I represented clients in arbitrations and related Court appointed proceedings. Two notable cases are referred to below:
In the case of Kilpatrick Green Pty Ltd v Leading Synthetics Pty Ltd (Unreported) 5 June 1998 (BC 9802331) I represented the successful plaintiff in a 42 day hearing before a Court appointed referee. The case involved the construction of a large polyester manufacturing plant in Victoria.
In Australian Submarine Corporation (ASC) v Kockums, in an arbitration conducted in 2006, I represented the Australian Submarine Corporation (a company wholly owned by the Commonwealth of Australia). The arbitration arose from the design and construction of the Australian “Collins Class” submarine. ASC brought the arbitration proceeding against the Swedish company Kockums AB, which operated a shipyard in Malmö, Sweden and was owned by the Swedish defence company, the Saab Group. The arbitrator was a former Federal Court Judge, the late John Lockhart QC.
During the time of my career as a Judge, I published over 400 judgments following trials he heard in the Technology Engineering and Construction List (the TEC List), the Intellectual Property List and commercial cases in the Commercial Court of the Supreme Court of Victoria.
- Fellow of the Chartered Institute of Arbitrators (FCIArb)
- Fellow of the Australian Centre for International Commercial Arbitration (ACICA)
- Member of the Dispute Resolution Board Foundation
- Admitted as International Arbitrator, Mediator and Panelist, the Mediation and Conciliation Network (MCN India)
- Founding Patron of the Society of Construction law (Australia) (SOCLA)
I have enjoyed the experience of assisting parties to resolve their disputes. So often this can be achieved to the considerable advantage of the parties on a sensible commercial basis, thus avoiding exposure to potentially massive legal costs. This is equally true of mediation, as it is with arbitration, where procedures can be specifically designed with the parties to ensure that the ‘forum fits the fuss’, whether large scale or relatively small, to ensure that cost and delay are minimised. Immediation provides a remarkably innovative and well-developed process which will make a significant contribution to this growing area.
Immediation Area(s) of Expertise
- Banking and Finance (Banking, Bankruptcy and insolvency, Consumer credit, Financial instruments, Financial regulation, Fringe benefits tax, GST, Income tax, Insurance, Land tax, Mortgages, Payroll tax, Personal Property Securities Register, Reinsurance, Stamp duty, Superannuation, Taxation – Federal, Taxation – State)
- Common law and professional regulation (Medical negligence, Medical regulation, Negligence, Personal Injury, Professional negligence, Torts)
- Corporate and commercial (ACCC, Advertising, Agency, Agribusiness, ASIC, Automotive, Competition law, Consumer credit, Consumer protection, Contracts, Corporations, Directors’ duties, Energy resources mining, Equipment finance, Foreign Investment Review Board, Franchising, Health, International law, Joint Ventures, Liquor licensing, Listing rules, Mergers and acquisitions, Misleading advertising, Misleading and deceptive conduct/fraud, Partnership, Private equity, Product liability, Securities regulation, Shareholder remedies, Sport, Takeovers, Unconscionable conduct)
- Employment, industrial relations and discrimination (Awards, Discrimination, Employment, Equal opportunity, Industrial action, Occupational Health and Safety, Workers’ compensation)
- Government and administrative law (Civil liabilities, Commonwealth employment, Crown liability, Customs, Freedom of Information (FOI), Immigration, Judicial review and merits review, Privacy, Probity, Public administration and governance, Social security, Statutory interpretation)
- Intellectual property, Information technology and media (Copyright, Defamation, Information technology, Intellectual property, Media and entertainment, Moral rights, Patents, Plant breeders’ rights, Procurement, Telecommunications)
- Property, construction, environment, oil, gas and mining (Building and construction, Commercial leasing, Compulsory acquisition, Environmental regulation, Franchising, Local government, Native title, Oil gas and mining, Owners Corporation, Property, Residential leasing, Restrictive covenants, Retail leasing, Security of payments, Town planning)
- Wills, estates and charities (Charities, Equity, Family provisions, Guardianship, Trusts, Wills estates probate and administration)