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Albert MONICHINO
Areas of Expertise: |
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- ADR (Expert Determination, Adjudication, Early Neutral Evaluation)
- Arbitration
- Building, Construction and Engineering,
- Commercial Law
- Contract Disputes
- Corporations and Securities
- International Commercial Arbitration
- Mediation
- Trade Practices, Consumer Protection
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Particular Matters: |
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Albert Monichino has a general commercial litigation practice in the Supreme and Federal Courts, and also in commercial arbitrations (both domestic and international). Particular matters include:
- Acting for a company and its directors in defamation proceedings – FEO v Pioneer Concrete (Vic) Pty Ltd [1999] VSCA 180.
- Acting for an employer whose business was wrongfully diverted by an employee – Capital Investments Corporation v Classic Trading Pty Ltd [2001] FCA 1385.
- Acting for Fluor Australia, Engineers, in arbitration proceedings brought by Anaconda Pty Ltd in respect of the alleged negligent design and construction of a mineral processing plant in Western Australia. The arbitration was conducted between 2001 and 2004 before a panel of internationally renowned arbitrators.
- Acting for a borrower seeking to set aside several loan agreements on the grounds that they infringed the equitable doctrine of penalties – Yarra Capital Group Pty Ltd v Goldberg [2006] VSCA 109.
- Acting for an engineering company in a Contractual dispute involving questions of the proper construction of commercial contracts and conventional estoppel – PAN Orient Shipping Services Pty Ltd v Basell Australia Pty Ltd [2007] VSC 215.
- Acting for an investor seeking damages against a financial planner who recommended investments in Westpoint-related securities - Atkins v. Interprac Financial Planning Pty Ltd [2007] VSC 445
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Memberships and Associations: |
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- Supreme Court - Commercial List Users' Committee
- Vice-President (Convenor) - Commercial Bar Association - Executive Committee
- Graded arbitrator and accredited as an advanced mediator
- Fellow of both the Chartered Institute of Arbitrators and the Institute of Arbitrators & Mediators Australia
- Senior Fellow of the Financial Services Institute of Australasia.
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Publications: |
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- “Recent developments in expert evidence”, Lexis Nexis conference, 28 March 2007.
- “The construction of written commercial contracts – a confluence of approach” and “Rectification of written commercial contracts” , Leo Cussen Institute seminar, 30 March 2007.
- “The Preliminary Conference in International Commercial Arbitration”, presented in the Graduate Diploma Course on International Commercial Arbitration, UNSW, July 2007
- "Setting aside unjust securities", Legalwise seminar, Sydney, 30 November 2007
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| *Since 2005 barristers admitted to practice in Victoria are entitled to practise in all Australian jurisdictions without the need to be admitted in that State or to hold a practising certificate for that State. Read more... |

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