Albert Monichino KC
Albert has a general commercial litigation practice in the Supreme and Federal Courts. He advises on and appears in matters relating to building and construction, contractual disputes, minority shareholder and joint venture issues, and intellectual property.
Albert is a Chartered Arbitrator. He has appeared in commercial arbitrations (both domestic and international) as counsel and as arbitrator. He is also accredited as an advanced mediator.
Albert lectures on International Arbitration at Monash University in its LLM program.
Areas of Practice
Cases
- Alphington Developments Pty Ltd v Amcor Pty Ltd (No 5) [2023] 637
- Alphington Developments Pty Ltd v Amcor Ltd (No 4) [2021] VSC 6
- Wong v Kasman [2020] VSC 869
- Finetea Pty Ltd v Block Arcade Melbourne Pty Ltd (Building and Property) [2019] VCAT 1529
- In Re F Vitale and Sons Pty Ltd & Ors [2018] VSC 111
- De Simone v Legal Services Board [2017] VSC 471
- Indian Farmers Fertiliser Cooperative Ltd v Gutnick (No 2) [2015] VSC 770
- RE: Hall Contracting Pty Ltd v Macmahon Contractors Pty Ltd & Anor [2014] NTSC 20
- Wheelahan v City of Casey [2013] VSC 316
- Links Golf Tasmania Pty Ltd v Sattler (No 2) [2012] FCA 1271
- PGA Group Pty Ltd v Idameneo (No 789) Limited (formerly Symbion Health Limited); Gunn v Idameneo (No 789) Limited (formerly Symbion Health Limited) [2011] VSC 382
- AvSuper Pty Ltd v Commonwealth Managed Investments Limited [2010] NSWSC 1499
- Vigliaroni & Ors v CPS Investment Holdings Pty Ltd & Ors [2009] VSC 428
- Vigliaroni v Concrete Precast Systems Pty Ltd & Anor [2009] VSC 253
- Atkins v Interprac Financial Planning Pty Ltd [2007] VSC 445
- PAN Orient Shipping Services Pty Ltd v Basell Australia Pty Ltd [2007] VSC 215
- Yarra Capital Group Pty Ltd v Goldberg [2006] VSCA 109
- Capital Investments Corporation v Classic Trading Pty Ltd [2001] FCA 1385
- FEO v Pioneer Concrete (Vic) Pty Ltd [1999] VSCA 180
Publications
- Albert Monichino KC – ‘International Arbitration in Australia: 2020/2021 in Review and Reflections on a Decade since Reform’ (2023) 32 ADJR 1 (co-authored with Alex Fawke)
- Albert Monichino KC – ‘Staying court proceedings in the face of ADR clauses’ (2022) 52 Australian Bar Review 94 (co-authored with Gianluca Rossi)
- Albert Monichino KC – ‘Cryptocurrency and Interim Court Relief: Chen v Blockchain Global Ltd, CLM v CLN and Fetch.ai Ltd v Binance’ (2022) 50 Australian Business Law Review 205
- Albert Monichino KC – ‘Privilege Disputes in International Arbitration’ (January/February 2022) Australian Construction Law Newsletter 202
- Albert Monichino KC – ‘Arbitration of Shareholder and Trust Disputes’ (2021) 40(1) Arbitrator & Mediator 76
- Albert Monichino KC – “Application of Arbitration Agreements to Non-Signatories: the ‘Through or Under’ Route” (2019) 7(2) ACICA Review 47
- Albert Monichino KC – ‘The Proper Approach to the Interpretation of Arbitration Agreements: Australian High Court Speaks Out’ (2019) 7(1) ACICA Review 8 (co-authored with Monique Carroll)
- Albert Monichino KC – “The Problem With Rakna: The Scope of the Preclusive Effect of Article 16(3) of the Model Law” Singapore Academy of Law Journal (March 2019)
- Albert Monichino KC – “Lessons for Enforcement Across Jurisdictions: Reflections on Astro v Lippo” Asian Dispute Review (January 2019)
- Albert Monichino KC – “Australia Country Update” Asian Dispute Review (July 2018) (co-authored with Dr Luke Nottage)
- Albert Monichino KC – “How Arbitral Tribunals Deal With Jurisdictional Objections in Practice – To Bifurcate or Not And Court Review of Jurisdictional Objections” (2018) Singapore Institute of Arbitrators Newsletter
- Albert Monichino KC – “Court Review of An Arbitrator’s Preliminary Jurisdictional Ruling and Arbitrability of Domestic Building Disputes” (2018) Australia Construction Law Newsletter 180
- Albert Monichino KC – “Enforcement of Arbitration Agreements against Non-Signatories which law (the chicken and the egg)” (February 2018)
- Albert Monichino KC – “Termination for Convenience: Good faith and other possible restrictions” (April 2016) 31 Building and Construction Law Journal (BCL) 68
- Albert Monichino KC – “The future of International Arbitration in Australia” (2015) 5(1) Victoria University Law and Justice Journal 1
- Albert Monichino KC – “Plummeting market prices: Frustration, force majeure, or hardship” (2015) AMPLA Yearbook:
- Albert Monichino KC – “Costs in statutory derivative actions: the lingering ghost of Wallersteiner” (January 2015) Companies and Securities Law Journal
- Albert Monichino KC – “Recent developments in expert evidence in Victoria” (March 2014) Journal of Civil Litigation and Practice
- Albert Monichino KC – “Enforcement of Foreign Arbitral Awards, Issue Estoppel and Comity: Developments in Australia” (January 2014) Asian Dispute Review (co-authored with Alex Fawke)
- Albert Monichino KC – “International Arbitration in Australia: The need to centralise judicial power” (2012) 86 Australian Law Journal 118
- Albert Monichino KC – “The Adequacy of Arbitral Reasons: an Australian Perspective” Asian Dispute Review (October 2010), pp 118-122
- Albert Monichino KC – “Stop clock hearing procedures in arbitration” Asian Dispute Review (July 2009), pp 76-81
- Albert Monichino KC – “Mediation: An Honesty-free Zone” Australian ADR Reporter (December 2007).
Teaching Experience
Albert is accredited as a Course Director and Examiner with CIArb. He has lectured and/or tutored in the CIArB Diploma Course in International Commercial Arbitration since its inception in 2006. In 2016 he was the Co-Course Director of the inaugural CIArb Asia-Pacific Diploma Course held in Singapore.
He is the lecturer of the intensive subject, “Arbitration of International Commercial Disputes” offered by Monash University in its postgraduate law program.
QUALIFICATIONS
BEc, LLB (Hons) (Mon), LLM (Cantab), Grad Dip Intell Prop Law (Melbourne), Chartered Arbitrator.
MEMBERSHIPS & ASSOCIATIONS
Delegate to the ICC Commission on Arbitrations and ADR (2024-2027);
Past President of the Australian Branch of the Chartered Institute of Arbitrators ("CIArb");
Fellow of CIArb, the Singapore Institute of Arbitrators ("SIArb"), the Resolution Institute and the Australian Centre for International Commercial Arbitration ("ACICA");
Former Vice President (Convenor) of the Commercial Bar Association (“COMMBAR”).
Albert Monichino KC
Profile
Albert has a general commercial litigation practice in the Supreme and Federal Courts. He advises on and appears in matters relating to building and construction, contractual disputes, minority shareholder and joint venture issues, and intellectual property.
Albert is a Chartered Arbitrator. He has appeared in commercial arbitrations (both domestic and international) as counsel and as arbitrator. He is also accredited as an advanced mediator.
Albert lectures on International Arbitration at Monash University in its LLM program.
Areas of Practice
Cases
- Alphington Developments Pty Ltd v Amcor Pty Ltd (No 5) [2023] 637
- Alphington Developments Pty Ltd v Amcor Ltd (No 4) [2021] VSC 6
- Wong v Kasman [2020] VSC 869
- Finetea Pty Ltd v Block Arcade Melbourne Pty Ltd (Building and Property) [2019] VCAT 1529
- In Re F Vitale and Sons Pty Ltd & Ors [2018] VSC 111
- De Simone v Legal Services Board [2017] VSC 471
- Indian Farmers Fertiliser Cooperative Ltd v Gutnick (No 2) [2015] VSC 770
- RE: Hall Contracting Pty Ltd v Macmahon Contractors Pty Ltd & Anor [2014] NTSC 20
- Wheelahan v City of Casey [2013] VSC 316
- Links Golf Tasmania Pty Ltd v Sattler (No 2) [2012] FCA 1271
- PGA Group Pty Ltd v Idameneo (No 789) Limited (formerly Symbion Health Limited); Gunn v Idameneo (No 789) Limited (formerly Symbion Health Limited) [2011] VSC 382
- AvSuper Pty Ltd v Commonwealth Managed Investments Limited [2010] NSWSC 1499
- Vigliaroni & Ors v CPS Investment Holdings Pty Ltd & Ors [2009] VSC 428
- Vigliaroni v Concrete Precast Systems Pty Ltd & Anor [2009] VSC 253
- Atkins v Interprac Financial Planning Pty Ltd [2007] VSC 445
- PAN Orient Shipping Services Pty Ltd v Basell Australia Pty Ltd [2007] VSC 215
- Yarra Capital Group Pty Ltd v Goldberg [2006] VSCA 109
- Capital Investments Corporation v Classic Trading Pty Ltd [2001] FCA 1385
- FEO v Pioneer Concrete (Vic) Pty Ltd [1999] VSCA 180
Publication
- Albert Monichino KC – ‘International Arbitration in Australia: 2020/2021 in Review and Reflections on a Decade since Reform’ (2023) 32 ADJR 1 (co-authored with Alex Fawke)
- Albert Monichino KC – ‘Staying court proceedings in the face of ADR clauses’ (2022) 52 Australian Bar Review 94 (co-authored with Gianluca Rossi)
- Albert Monichino KC – ‘Cryptocurrency and Interim Court Relief: Chen v Blockchain Global Ltd, CLM v CLN and Fetch.ai Ltd v Binance’ (2022) 50 Australian Business Law Review 205
- Albert Monichino KC – ‘Privilege Disputes in International Arbitration’ (January/February 2022) Australian Construction Law Newsletter 202
- Albert Monichino KC – ‘Arbitration of Shareholder and Trust Disputes’ (2021) 40(1) Arbitrator & Mediator 76
- Albert Monichino KC – “Application of Arbitration Agreements to Non-Signatories: the ‘Through or Under’ Route” (2019) 7(2) ACICA Review 47
- Albert Monichino KC – ‘The Proper Approach to the Interpretation of Arbitration Agreements: Australian High Court Speaks Out’ (2019) 7(1) ACICA Review 8 (co-authored with Monique Carroll)
- Albert Monichino KC – “The Problem With Rakna: The Scope of the Preclusive Effect of Article 16(3) of the Model Law” Singapore Academy of Law Journal (March 2019)
- Albert Monichino KC – “Lessons for Enforcement Across Jurisdictions: Reflections on Astro v Lippo” Asian Dispute Review (January 2019)
- Albert Monichino KC – “Australia Country Update” Asian Dispute Review (July 2018) (co-authored with Dr Luke Nottage)
- Albert Monichino KC – “How Arbitral Tribunals Deal With Jurisdictional Objections in Practice – To Bifurcate or Not And Court Review of Jurisdictional Objections” (2018) Singapore Institute of Arbitrators Newsletter
- Albert Monichino KC – “Court Review of An Arbitrator’s Preliminary Jurisdictional Ruling and Arbitrability of Domestic Building Disputes” (2018) Australia Construction Law Newsletter 180
- Albert Monichino KC – “Enforcement of Arbitration Agreements against Non-Signatories which law (the chicken and the egg)” (February 2018)
- Albert Monichino KC – “Termination for Convenience: Good faith and other possible restrictions” (April 2016) 31 Building and Construction Law Journal (BCL) 68
- Albert Monichino KC – “The future of International Arbitration in Australia” (2015) 5(1) Victoria University Law and Justice Journal 1
- Albert Monichino KC – “Plummeting market prices: Frustration, force majeure, or hardship” (2015) AMPLA Yearbook:
- Albert Monichino KC – “Costs in statutory derivative actions: the lingering ghost of Wallersteiner” (January 2015) Companies and Securities Law Journal
- Albert Monichino KC – “Recent developments in expert evidence in Victoria” (March 2014) Journal of Civil Litigation and Practice
- Albert Monichino KC – “Enforcement of Foreign Arbitral Awards, Issue Estoppel and Comity: Developments in Australia” (January 2014) Asian Dispute Review (co-authored with Alex Fawke)
- Albert Monichino KC – “International Arbitration in Australia: The need to centralise judicial power” (2012) 86 Australian Law Journal 118
- Albert Monichino KC – “The Adequacy of Arbitral Reasons: an Australian Perspective” Asian Dispute Review (October 2010), pp 118-122
- Albert Monichino KC – “Stop clock hearing procedures in arbitration” Asian Dispute Review (July 2009), pp 76-81
- Albert Monichino KC – “Mediation: An Honesty-free Zone” Australian ADR Reporter (December 2007).
Teaching Experience
Albert is accredited as a Course Director and Examiner with CIArb. He has lectured and/or tutored in the CIArB Diploma Course in International Commercial Arbitration since its inception in 2006. In 2016 he was the Co-Course Director of the inaugural CIArb Asia-Pacific Diploma Course held in Singapore.
He is the lecturer of the intensive subject, “Arbitration of International Commercial Disputes” offered by Monash University in its postgraduate law program.
Qualifications & Memberships
QUALIFICATIONS
BEc, LLB (Hons) (Mon), LLM (Cantab), Grad Dip Intell Prop Law (Melbourne), Chartered Arbitrator.
MEMBERSHIPS & ASSOCIATIONS
Delegate to the ICC Commission on Arbitrations and ADR (2024-2027);
Past President of the Australian Branch of the Chartered Institute of Arbitrators ("CIArb");
Fellow of CIArb, the Singapore Institute of Arbitrators ("SIArb"), the Resolution Institute and the Australian Centre for International Commercial Arbitration ("ACICA");
Former Vice President (Convenor) of the Commercial Bar Association (“COMMBAR”).