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Arbitration: when a final award is not final

Arbitrator rendered an award styled “Final Award” that failed to deal with an issue referred to arbitration.  Aggrieved party applied to have the issue determined by the Supreme Court. Other party sought a stay relying on the parties’ arbitration agreement. Held that the award was not a final award and that the arbitrator’s mandate continued to resolve the remaining issue.

Distributions from a Mixed Trust Fund

What is the appropriate method of distribution to competing trust beneficiaries whose funds have been mixed? This short article considers this question following the decision in Hannan v Zindilis [2016] VSC 723.

Class Actions: the not-so-final frontier

The interplay between the Anshun principle and class actions has been examined in detail by the High Court, which determined that class members are not precluded from raising individual issues and un-pleaded common issues by reason of their being a class member.