On 19 June 2009 the Supreme Court of Victoria created a new forum for the resolution of technical disputes in the technology and construction industries: the Technology, Engineering and Construction List (TEC List).
The TEC List, which expands on the old Building List, will deal with disputes relating to technology, engineering or construction works (TEC Works) where the dispute relates to the design, construction, supervision or inspection of the TEC Works or the quality of inputs to, or outputs from, the TEC Works (TEC Matters). Disputes relating to outputs will be heard if the dispute is likely to involve expert evidence of a technical nature.
For example, TEC Matters may involve:
- breaches of warranties of performance of a technical component in a sale or supply contract; or
- failure, underperformance or malfunction of an electrical or mechanical component of a telecommunications or computer system or industrial process.
However, TEC Matters would not include ownership disputes in relation to patents or other intellectual property.
The objective of the TEC List is to provide for the just and efficient determination of TEC Matters. For this reason, the following features have been incorporated into TEC List procedures:
- mediation - the parties will be expected to engage in serious settlement discussions before the hearing;
- resources conferences - the parties and the judge will hold an initial conference to specify time and monetary resources to be allocated by the parties and the court (including potential limits), discuss best and worst case outcomes for each party and identify key meditation issues and any information required for effective settlement negotiations;
- time limitations - the court is empowered to introduce a 'chess clock' system to limit the time for examination of witnesses and barristers' submissions and limit the length of proceedings generally;
- written and summarised evidence - the court is empowered to decide certain issues on the basis of written and summarised submissions and evidence;
- expert assessors - the court is empowered to refer technical questions to an expert for non-binding guidance; and
- costs - the court is given broad discretion to award costs against unsuccessful parties and parties that unnecessarily lengthen proceedings.
The Hall & Wilcox
Technology team has extensive experience advising on IT disputes and transactions. The team's clients range from technology start up companies to multinational software developers.
The Hall & Wilcox
Property, Planning & Construction team has the expertise to provide advise on all construction industry disputes and has represented clients in litigation, arbitration and mediation proceedings.
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