Albert
MONICHINO

• 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

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 Arthur Andersen in the Metropolitan Ambulance Royal Commission
• 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
• Obtaining leave to bring a statutory derivative action on behalf of a company against a director and related companies – Vigliaroni v Concrete Precast Systems Pty Ltd & Anor [2009] VSC 253; also [2009] VSC 254.  
• Acting for shareholders and unit holders in a deadlocked group of companies and trusts – Vigliaroni & Ors v CPS Investment Holdings Pty Ltd & Ors [2009] VSC 428.  

• Supreme Court - Commercial List Users' Committee
• Vice-President (Convenor) - Commercial Bar Association - Executive Committee
• Co-chair - Commercial Bar Association - Arbitration & ADR section
• Member of the International Commercial Arbitration Committee of the Victorian Bar.  
• Graded arbitrator and accredited as an advanced mediator
• Fellow of the Chartered Institute of Arbitrators, the Institute of Arbitrators & Mediators Australia and the Australian Centre for International Commercial Arbitration 

• “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
• "The Changing Landscape of International Commercial Arbitration in Australia", Legalwise seminar, Sydney, 21 November 2008
• “The Reform of the Commercial Arbitration Legislative Regime in Australia: Does it reflect international best practice?”, NSW Law Society Seminar, Sydney, 4 November 2009.
• “Unitholders Disputes: Availability of Corporations Act Relief?” presented at the Leo Cussen Institute in Melbourne on 17 March 2010.