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.
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.