On 7 August 2024, the High Court of Australia published its judgment in the matter of Tesseract International Pty Ltd v Pascale Construction Pty Ltd [2024] HCA 24. The High Court held that the South Australian proportionate liability regime applies to arbitrations in that state, allowing an appeal from the South Australian Court of Appeal.

Proportionate liability legislation is largely uniform, Australia-wide. That regime permits a defendant to reduce its liability, as a defence, based on the liability of other 'concurrent wrongdoers'. This decision is significant for arbitration practitioners, as it opens the door to defendants seeking to reduce their liability in private arbitrations on the basis of a third party's 'concurrent wrongdoer's' conduct, where it is unlikely that third party will be able to be joined to the arbitration by reason of privity of contract.

The successful counsel in the High Court Appeal, Tim Margetts KC and Liam Connolly, will discuss the decision and the implications for arbitrations and Victoria.

The seminar details are:

Date: 27 November 2024
Time: 7.30am to 9am
Place: Melbourne Bowls Club, Flagstaff Gardens
No cost & breakfast and coffee provided

Please feel free to pass this invitation on, all are welcome.

Speaker profiles:

Tim Margetts KC practices in commercial/construction/engineering disputes, many of which have been conducted under the domestic and international arbitration process. He has extensive trial experience in highly technical commercial/construction/engineering disputes, in all Australian courts and in international arbitrations.

The commercial disputes have involved general contractual issues, director’s duties/employment law, trade practices matters and issues of general trust law. He has also had extensive involvement in insurance related matters involving interpretation of insurance policies.

Many of the construction/engineering disputes have concerned issues of civil construction, including rock engineering, hydraulics and hydrology which have all been relevant to the geotechnical and structural engineering issues involved in the iron ore industry, and the gas and oil industry including the engineering, procurement and construction of gas plants and off shore platforms, pipelines and wells. He has experience in other litigation involving complex issues of material failure, geotechnical engineering and environmental design and rehabilitation.

He has appeared as King's Counsel in many matters before the Supreme Court of Victoria, the Court of Appeal and in the High Court of Australia, as well as international arbitrations in Singapore and Hong Kong.

Liam Connolly is a commercial barrister specialising in commercial, construction, ACL and insurance disputes.

He is recognised as a preeminent construction and infrastructure law barrister both in Victoria and Australia-wide in the peer-reviewed Doyle's Guide. He appears (led and unled) in commercial courts throughout Australia.

Liam has particular expertise in acting in substantial and complex construction and engineering disputes involving litigation or arbitration. Many of these disputes concern major infrastructure projects (across a range of sectors including energy, roads, waste-water treatment plants, desalination plants and hospitals) and involve complex issues of delay, disruption, contract termination and professional negligence.

Liam is also experienced in acting in disputes involving the security of payment legislation, including applications for judicial review, having been involved in a number of significant decisions in this area.

Liam is a member of Victorian Bar's Building and Construction law group and the Society of Construction Law Australia.

MTECC Breakfast seminar: 'Arbitration and apportionment: Tesseract v Pascale and its implications'

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