Melbourne Office - PO Box 452, COLLINS STREET WEST VIC 8007 AUSTRALIA
Sydney Office - GPO Box 2506, SYDNEY NSW 2001 AUSTRALIA
Telephone: Melbourne Office - +61 3 9629 3709 Sydney Office - +61 2 9233 2600
Facsimile: Melbourne Office - +61 3 9629 3217 Sydney Office - +61 2 9233 3044
Email:adr@arbitrator.com.au Internet:http://www.arbitrator.com.au

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Technology Arbitrators, Expert Determiners and Mediators

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Mr White’s Reported Arbitral Decisions

Unreported Decisions

  • Typically most arbitration decisions are unreported. That is a key advantage of arbitration.
  • Our Mr White has heard and made many arbitral decisions of substantial disputes including, without limitation:
    • intellectual property licences and distribution agreements
    • constructive trusts and equitable relief in relation to intellectual property
    • breach of contract (including orders for specific performance)
    • breaches of fiduciary duty
    • unconscionable conduct in relation to lost opportunities and application of equitable relief in accordance with the principles set out in Pallant v Morgan 22)
    • research and development agreements
    • intellectual property ownership
    • telecommunication systems and billing
    • telecommunication access
    • hardware and software implementations
    • applications for interlocutory relief (including injunctions)
    • the scope of discovery including resolution of the categories of documents to be discovered
    • the application of Legal Professional Privilege to both discovered and subpoenaed documents
    • the application of Common Interest Legal Professional Privilege to both discovered and subpoenaed documents
    • the application of Without Prejudice Privilege to both discovered and subpoenaed documents
    • disclosure of confidential information to a non-arbitral party pursuant to Section 27G of the Commercial Arbitration Act 2010 (NSW)
    • whether or not particular discovery should be permitted pursuant to Section 19(2) of the Commercial Arbitration Act 2010 (NSW)
    • awards of legal costs in excess of $2m
    • whether or not indemnity, solicitor client or party/party costs should apply
    • whether or not costs should be immediately determined and payable or determined and paid at the end of the arbitration
    • whether interest should be payable on costs awards
    • whether a Tribunal should proceed with the arbitration whilst it is subject to appeal pursuant to s16(9) of the Commercial Arbitration Act 2010 (NSW)

Expert Determinations

  • Our Mr White has made many expert determinations including the determination of:
    • breach of contract claims and damages in relation to hardware and software disputes.
    • breach of contract claims and damages in relation to telecommunications billing disputes.

Intellectual Property, Information Technology and Telecommunications Audits

  • Our Mr White conducted many audits including
    • the auditing of whether or not information technology infrastructure has be properly decommissioned and if so when
    • the auditing of the removal of intellectual property and other electronic data.

Court Order Supervision

  • Our Mr White has supervised the execution of Anton Piller Orders on behalf of the Federal Court.

Defence Force Proceedings

More Information

1) [2011] NSWSC 1567
2) [2013] FCCA 1898
3) , 5) [2014] WASC 89
4) [2015] FCAFC 63
6) [2011] NSWSC 1331
7) [2011] NSWSC 1305
8) [2013] NSWSC 1099
9) [2012] FCA 586
10) [2012] FCA 1204
11) [2012] FamCA 760
12) [2016] NSWSC 509
13) [2013] NSWSC 380
14) [2011] NSWSC 268
15) [2011] NSWSC 1238
16) [2012] NSWCA 95
17) [2010] VSC 176
18) [2001] VSC 91
19) [1999] VSC 74
20) [1999] VSC 76
21) [1998] FCA 818
22) [1952] Ch 43

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  Liability limited by a scheme approved under Professional Standards Legislation
  This website is a guide only and should not be used as a substitute for proper legal advice.
  Readers should make their own enquiries and seek appropriate legal advice.
  For legal advice please email wcl@computerlaw.com.au