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Can an Expert Determination determine Australian Competition and Consumer Law claims

  • In limited cases, an expert determination can determine the rights of the parties under the Australian Competition and Consumer Law Act.
  • The claims it can determine are inter parties claims which are to be determined pursuant to the written arbitration agreement.
  • Problems may arise where the appointment document is not clear and in particular misrepresentations are alleged and oral evidence is required.
  • It is notable that Expert Determination ordinarily does not and cannot include cross examination under oath (unlike arbitration).

Cases (for)

Cases (against)

1) [2012] FCA 691
2) [2005] VSC 203
3) (1996) 39 NSWLR 160
4) 473 US 614, 105 S Ct 3346 (1985)
5) [1999] ECR 1-3055 (C-126/97)
6) [2005] EWHC 2115 (Comm)
7) [2006] FCAFC 192
8) [2005] FCA 1102
9) [2007] FCA 881

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