Swintons Pty Ltd v Age Old Builders Pty Ltd

[2005] VSCA 217

Victorian Court of Appeal

Built by Barristers,
For Australian Law.

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Interrogate

Catchwords

1. Statutory Interpretation
2. › Domestic building contracts
3. › Arbitration clauses
4. › Whether prohibition on arbitration clauses extends to voluntary references of existing disputes
5. › Meaning of 'requires a dispute under the contract to be referred to arbitration'
6. › Use of extrinsic material
7. › Domestic Building Contracts Act 1995 (Vic), ss 14, 53, 57, 132
1. Arbitration
2. › Domestic building disputes
3. › Compulsory arbitration clauses
4. › Distinction between pre-dispute compulsory arbitration clauses and post-dispute voluntary arbitration agreements
5. › Domestic Building Contracts Act 1995 (Vic), s 14
1. Practice and Procedure
2. › Appeals
3. › Outline of submissions
4. › Failure to comply with Practice Statement CA1 of 1995
5. › Adjournment at cost of non-complying party
6. › Procedure for filing comprehensive written submissions

Quick Take

Section 14 of the Domestic Building Contracts Act 1995 (Vic) prohibits only compulsory arbitration clauses relating to future disputes; parties to a domestic building contract remain free to voluntarily agree to refer an existing dispute to arbitration. Section 132(1)(b) does not void such voluntary post-dispute arbitration agreements.