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CLERKING OFFICE
Owen Dixon Chambers

205 William Street
MELBOURNE
Victoria 3000
Australia
DX90 Melbourne
T: (61 3) 9225 8444
F: (61 3) 9225 8395
E: info@barristers.com.au





Albert
MONICHINO


Name: Albert Monichino
Qualifications: B.Ec, LLB(Hons) (Mon), LLM (Cambridge), Grad Dip Intell Prop Law
Chambers: Room 3010 Aickin Chambers
Direct Telephone: +61 3 9225 8247
Secretary's Telephone: +61 3 9225 7028
Mobile: 0412 532 000
Fax: +61 3 9225 8232
Email: monichino@vicbar.com.au 
Signed Bar Roll: 1987
Admitted: 1984
Admitted in: VIC*, WA, NSW


 Areas of Expertise:
  • 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

 Particular Matters:

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


 Memberships and Associations:
  • 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.

 
Publications:
  • “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
*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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