Rinehart v Rinehart (No 3) [2016] FCA 539

FEDERAL COURT OF AUSTRALIA

Rinehart v Rinehart (No 3) [2016] FCA 539 File number: NSD 1124 of 2014

Judge: GLEESON J

Date of judgment: 26 May 2016

Catchwords: CORPORATIONS – commercial arbitration – interlocutory application seeking an order that the proceedings be referred to arbitration – whether the applicants had entered into an agreement to resolve the dispute by arbitration – whether the applicants are disentitled from seeking certain relief because of a contractual agreement to resolve disputes the subject of the proceeding by arbitration – should the Court direct that there be a trial to decide whether any or all of the arbitration agreements are null and void, inoperative or incapable of being performed – there be a trial of whether five of the agreements to arbitrate are null and void, inoperative or incapable of being performed STATUTORY INTERPRETATION – whether s 8(1) of the Commercial Arbitration Act 2010 (NSW) or the Commercial Arbitration Act 2012 (WA) ("commercial arbitration legislation") is 'picked up' by s 79 of the Judiciary Act 1903 (Cth) – what is the meaning of 'domestic commercial arbitration' in the commercial arbitration legislation – what facts must the party seeking referral to arbitration establish to engage s 8(1) of the arbitration legislation – to what standard of proof must these facts be established – does the Court have discretion to decide or not decide whether an arbitration agreement is null and void, inoperative or incapable of being performed