Hon. Peter Vickery QC

Hon. Peter Vickery QC

Arbitrator | Referee | DRB Panellist | Mediator
ENE Evaluator & Expert Determinations

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About - Summary

  • studied law at the University of Melbourne, graduating in 1972 (LLB)

  • subsequently graduated from the University of London (Kings College) with a Master of Laws degree (LLM)

  • undertook articles at Madden Butler Elder & Graham (now the global law firm - Norton Rose Fulbright) between 1972-1973, and was admitted to practice in Victoria in 1973

  • commenced practice as a Barrister in 1978 and was appointed Senior Counsel (QC) in 1995

  • appointed a Justice of the Supreme Court of Victoria in 2008 and retired in 2018 after serving 10 years on the bench

  • established and managed the Technology, Engineering and Construction List of the Supreme Court of Victoria (the TEC List)

  • appointed as the inaugural Patron of the Society of Construction Law (Australia) (SoCLA)

  • 40 years + experience in arbitration and litigation in numbers of complex construction cases, including: Highway construction (Bass Highway, Tasmania); Airport construction (Qantas domestic terminal, Tullamarine, Melbourne); Polyester plant construction (Campbellfield, Victoria); Gaol architecture and construction (Laverton, Victoria); Dam construction supporting electric power generation (Yallourn, Victoria); Co-generation power plant construction (Melbourne); Natural gas pipeline construction (Queensland); De-salination plant construction (South Australia); and Submarine construction and engineering (Collins Class submarine base, Adelaide)

  • 40 years + experience in litigation in numbers of complex commercial cases, including: the Pyramid Building Society litigation; the Ying Mui Malaysian property investment in Australia; the Amcor litigation; and proceedings arising from the Max Green taxation fraud and the National Safety Council fraud

  • upon retirement from the Supreme Court, he now works as an Arbitrator, court appointed Referee, DRB Panellist, Mediator, ENE Evaluator, and provides Expert Determinations, specialising in Commercial, and Technology Engineering and Construction, and Intellectual Property disputes

  • in May 2019 appointed as a lecturer at the University of Technology Sydney (UTS), in the subject ‘Law and Technology’

  • his focus as a Judge in litigation, and in alternative dispute resolution, has been and is to produce a binding outcome in the most efficient manner possible, to minimise cost and delay

Career at the Victorian Bar

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Counsel of Victorian Bar

Mr Vickery signed the role of Counsel of the Victorian Bar in 1978, having read in the chambers of Mr. M.E.J. Black (formerly Chief Justice, Federal Court of Australia). He was appointed as Secretary of the Bar Ethics Committee, which he occupied before taking silk.

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Queen's Counsel (QC)

Mr Vickery was in continuous practice as a barrister from 1978 and was appointed Queen's Counsel in December 1995.

40+ Years of Experience

In 30 years at the Victorian Bar His Honour developed a wide ranging practice in trial and appellate jurisdictions, in all areas of commercial and administrative law, while focusing on engineering and construction law.

In the course of his practice as a silk, Mr Vickery was briefed in a number of major cases in the field of engineering and construction.

He was appointed as a Judge of the Supreme Court of Victoria in May 2008.  He developed the Technology Engineering and Construction List (the TEC List) of the Court and became the first Judge in Charge of the new list, a position he maintained over the last 10 years. His Honour also managed the Intellectual Property List of the Court, and was a Judge of the Commercial Court of the Supreme Court. He retired from the Court on 8 May 2018.

Judicial Career

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His Honour was appointed as a Justice of the Supreme Court of Victoria in 2008.

Technology, Engineering & Construction List
RedCrest Case Management System
Procedural Reforms
Intellectical Property List
Published over 400 judgments

Creation of the Technology Engineering and Construction List (TEC List), Supreme Court of Victoria

In mid-2008 Justice Vickery conceived of a project called the “TEC Project” to draw together under one management regime the three strands of related disputes in the areas of technology, engineering and construction. The focus of the TEC Project was to produce a state-of-the-art approach to Technical, Engineering and Construction dispute resolution and case management which will achieve both practical and efficient working outcomes within a tolerable budget.

The Project drew upon and adapted some of the most successful and innovative practices applied in other jurisdictions, such as the Technology and Construction Court (TCC) of the High Court of the United Kingdom, where Mr Vickery was fortunate to receive expert guidance from Sir Vivien Ramsay, who was then the Judge-in-Charge of the TCC. Other elements were the product of the Project’s own work in developing procedures which are uniquely suitable to local conditions and available resources.

 
The TEC List became a reality when, on 26 March 2009, the Council of Judges of the Supreme Court of Victoria approved the new rules. The new List commenced operation on 19 June 2009, with Justice Vickery becoming the first Judge-in-Charge, Technology, Engineering and Construction List, or the TEC List as it has come to be known.

Development of the RedCrest Electronic Case Management System, Supreme Court of Victoria

In December 2010, in recognition of the urgent needs of the Court and the legal profession to manage the ever increasing pressures caused by large volumes of documents in commercial civil litigation, his Honour set about drawing up the specifications for what has now become known as the “RedCrest” electronic case management system.

Under the Judge’s direction, a working prototype was completed by April 2011 and in September 2011 an online pilot was launched for use in the TEC List. The project was expanded for use in the Commercial Court which commenced operation in 2014.

Procedural Reforms, Supreme Court of Victoria

During 2013 Justice Vickery participated in the Attorney-General’s review of discovery in litigation in Victoria, in the course of which his Honour presented a paper on the subject. This resulted in amendments to the Civil Procedure Act 2010 (Vic.) to include new sections ss 55A – 55C dealing with discovery.

During 2016 his Honour introduced procedures for the use of predictive Technology Aided Review (TAR) in large document cases. This is now included in Practice Note SC GEN 5 Guidelines for the Use of Technology; and in the same year his Honour introduced procedures for the use of de-duplication technology which is also now included in Practice Note SC GEN 5 Guidelines for the Use of Technology.
The Supreme Court of Victoria through the work of Justice Vickery became the first court in Australia to order the use of technology-assisted review (TAR) techniques, or predictive coding, to reduce the potentially huge task of discovering documents in civil litigation. The decision in McConnell Dowell v Santam  [2017] VSC 640 by Justice Vickery was the first published case in Australia to recognise and adopt the TAR technology. It reflects an increasing trend by jurisdictions overseas to embrace TAR, as a highly efficient and practical means of simplifying the discovery process, particularly in large document cases.

Intellectual Property List

In 2014 his Honour was appointed Judge-in–Charge of the Intellectual Property List of the Supreme Court of Victoria.

Career in the Court - publishing 400+ judgments

During the time of his career as a Judge, his Honour has published over 400 judgments following trials he has heard in the TEC List and in commercial cases in the Supreme Court of Victoria.

Qualifications

In Arbitration and Mediation

Qualifications

LEADR
Between 25–27 July 2002 Mr Vickery participated in the LEADR (Lawyers Engaged in Alternative Dispute Resolution) mediation course and mediation workshops conducted by John Wade and Laurence Boulle at Bond University, Gold Coast, Australia.

INSTITUTE OF ARBITRATORS
On 28 September 2006 he was elected an Associate Member of the Institute of Arbitrators and Mediators Australia.

FCIArb
On 15 February 2017 Mr Vickery was admitted as a Fellow of the Chartered Institute of Arbitrators (UK) (FCIArb) (Member No. 36870).

ACICA
He was admitted as a Fellow of the Australian Centre for International Commercial Arbitration (ACICA) on 24 March 2017.

DISPUTE RESOLUTION BOARD FOUNDATION

Hon. Peter Vickery QC is a member of the Dispute Resolution Board Foundation (www.drb.org). 

FEDERATION OF INTEGRATED CONFLICT MANAGEMENT (FICM INDIA)

(February 2019) Accredited Dispute Resolution Professional (Arbitrator, Mediator) - Federation of Integrated Conflict Management (www.mediationhub.org).

Experience

In the course of his practice as a silk, Mr Vickery represented clients in arbitrations and related Court appointed proceedings.

Two notable cases are referred to below:

In the case of Kilpatrick Green Pty Ltd v Leading Synthetics Pty Ltd (Unreported) 5 June 1998 (BC 9802331) he represented the successful plaintiff in a 42 day hearing before a Court appointed referee. The case involved the construction of a large polyester manufacturing plant in Victoria.

In Australian Submarine Corporation (ASC) v Kockums, in an arbitration conducted in 2006, Mr Vickery represented the ASC (a company wholly owned by the Commonwealth of Australia). The arbitration arose from the design and construction of the Australian “Collins Class” submarine. ASC brought the arbitration proceeding against the Swedish company Kockums AB, which operated a shipyard in Malmö, Sweden and was  owned by the Swedish defence company, the Saab Group. The arbitrator was a former Federal Court Judge, the late John Lockhart QC.  

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Patron of Society of Contruction Law (Australia)

In 2009 Justice Vickery was appointed as the founding patron of the Society of Construction law (Australia) (SOCLA), and remains patron to this day.

SOCLA is an affiliate of the Society of Construction Law (UK) which was founded in the UK in 1983.

Contact
Peter Vickery

Mobile: + 61 412 584 435
Email: pnv@petervickeryqc.com
Clerk: John Dever: + 61 3 9225 7999

Owen Dixon Chambers
205 William Street
Melbourne, Victoria
Australia 3000

Chambers: 
Melbourne - Wiltshire Chambers
Sydney - Milson Chambers  

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