CV /Resume Hon. Peter Vickery QC FCIArb FACICA (9 May 2018)

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CV /Resume Hon. Peter Vickery QC FCIArb FACICA (9 May 2018) Academic Training and Qualifications Hon. Peter Vickery QC studied law at the University of Melbourne, graduating in 1972.

1 CV /Resume Hon. Peter Vickery QC FCIArb FACICA (9 May 2018) Academic Training and Qualifications Hon. Peter Vickery QC studied law at the University of Melbourne, graduating in He subsequently graduated from the University of London with a Master of Laws degree. He undertook articles at Madden Butler Elder & Graham (now the global law firm - Norton Rose Fulbright) between , and was admitted to practice as a barrister and solicitor in Victoria and the High Court of Australia in Career at the 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 in continuous practice as a barrister from 1978 and was appointed Queen's Counsel in December In 30 years at the Victorian Bar Mr Vickery developed a wide ranging practice in trial and appellate jurisdictions, in commercial and administrative law, while focussing 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. Qualifications and Experience in Arbitration and Mediation Qualifications

2 LEADR Between 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 ). ACICA He was admitted as a Fellow of the Australian Centre for International Commercial Arbitration (ACICA) on 24 March 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 ) 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 Australian Submarine Corporation (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. Judicial Career Peter Vickery QC was appointed as a Justice of the Supreme Court of Victoria in He retired from the Court on 8 May 2018.

3 Creation of the Technology Engineering and Construction List (TEC List), Supreme Court of Victoria In mid-2008 Justice Vickery (as he then was) 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 designed to achieve both practical and efficient working outcomes within a tolerable budget. The TEC List commenced operation on 19 June 2009, with Justice Vickery (as he then was) becoming the first Judge-in-Charge, Technology, Engineering and Construction List, or the TEC List as it has come to be known. He developed the RedCrest Electronic Case Management System for the Court and initiated a number of procedural reforms to save costs for litigants. He remained as the Judge-in-Charge of the TEC List until 1 March 2017, when he will become a TEC List judge until his retirement from the Supreme Court on 8 May In 2014 his Honour (as he then was) was appointed Judge-in Charge of the Intellectual Property List of the Supreme Court of Victoria. Career in the Court 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. Patron, Society of Construction Law (Australia) In 2009 Justice Vickery (as he then was) was appointed as the founding patron of the Society of Construction law (Australia) (SOCLA), and remains patron of SOCLA to this day. SOCLA is an affiliate of the Society of Construction Law (UK) which was founded in the UK in Conference Addresses and Papers Peter Vickery QC has been called upon to address a number of conferences, including:

4 LexisNexis Conference 2005 Paper Liquidated Damages and Penalties Confining Contractual Freedoms. The LEADR / Adjudication and Construction Stream, 11 September 2009 held at Albert Park, Victoria, where he sat on a panel, which included Justice McDougal (NSW Supreme Court) and Judge Shelton (Victorian County Court) and Judge McGill (Queensland District Court). The Legalwise seminar held on Building Disputes for the legal profession on 17 March 2010 where Justice Vickery (as he then was) delivered an address on The New Technology, Engineering and Construction List. The 4 th International Construction Law Conference, 6-8 May 2012, hosted by the Society of Construction Law (Australia) in Melbourne, Australia. His Honour (as he then was) delivered a paper entitled Managing the Paper Taming the Leviathan. The 4 th Judicial Seminar on Commercial Litigation, May 2013, hosted in Singapore by the Supreme Court of Singapore where Justice Vickery (as he then was) chaired the session Demystifying e-discovery. Judicial College of Victoria, Advanced Practical Evidence Course, 9 August 2013, where his Honour (as he then was) delivered an address on Practical Evidentiary Issues arising from a large civil case he conducted: Hodgson v Amcor [2012] VSC 04. Master Builders Association, 17 October 2013, where his Honour (as he then was) presented a paper: Arbitration and Security of Payments Recent Developments in Case Law. Monash University (Australian Centre for Justice Innovation) conference on Timeliness in the Justice System Ideas and Innovations, 16 May 2014, where his Honour (as he then was) presented on the subject: Innovations in Timeliness Technology. Victorian Bar Seminar Recent Developments in Discovery in Commercial Litigation, 5 February On 5 May 2016 Justice Vickery (as he then was) addressed the Society of Construction Law (Australia) (SoCLA) in Melbourne on the subject of the Use of Technology in Discovery in Large Document Cases. His speech was simultaneously

5 beamed electronically to meetings of construction lawyers in Sydney, Adelaide, Perth, Newcastle, Hong Kong and the UK. At the 6th International Society of Construction Law Conference - Sao Paulo, Brazil, September 2016, attended by over 300 arbitrators and lawyers drawn from 33 countries, Justice Vickery delivered a paper: Managing the Conflict in Construction Law and was also invited to share a platform in the Plenary session in conjunction with Sir Rupert Jackson and Sir Vivien Ramsay, where he spoke on the subject The Future of Construction Law. On 17 October Justice Vickery (as he then was) addressed the Victorian Bar CPD Seminar in conjunction with the Rt Honourable Lady Justice Gloster on the subject: Paperless Trials: Myth or Reality? Justice Vickery (as he then was) also addressed the SoCLA National Conference Canberra, 3-4 November 2016 on the conference theme Building Australia s Future. He also chaired a session at the 4 th International Arbitration Conference in Sydney, 22 November 2016 on the subject A Hypothetical in Ethical Considerations in International Arbitration which included as a speaker Elliott Geisinger, President of the Swiss Arbitration Association. At the same conference he also delivered a plenary session paper The Document Tsunami A Basic Issue in Construction Disputes. On 23 October 2017 he delivered a paper at the Relativity Fest, Chicago which focused on the use of Technology Aided Review of documents (TAR) in the light of the Australian experience in the management of large document cases and the McConnell Dowell Constructors v Santam case [2017] VSC 640. Between November 2017 His Honour (as he then was) delivered to keynote address at the Society of Construction Law 7 th International Conference held in New Delhi, India on the subject of Software Development Contracts. At the same conference he also delivered a plenary session paper The Document Tsunami A Basic Issue in Construction Disputes. On 5 April 2018 he delivered a paper at the Melbourne Law School IP & Media Law Conference on the subject Procedural Reform for Hearing IP Cases in Australia the IPEC. Publications Victorian Bar News Technology Engineering and Construction List (2009) 147 VBN 11 (Spring 2009).

6 Journal of Judicial Administration. On 10 October 2012, his Honour (as he then was) published an article in the Journal of Judicial Administration (JJA) on the subject of management of documents in large volume cases entitled Managing the paper: Taming the Leviathan (2012) 22 JJA No. 2. (Also published in Global Challenges Shared Solutions ), ed. Dr Donald Charrett (2013). Victorian Bar News The Intellectual Property Enterprise Court of England and Wales (with commentary on D Arcy v Myriad Genetics Inc [2015] HCA 35) (2015) 158 VBN 60 (Summer 2015).

Admissions. Barrister: 9 August 1996 Solicitor: 3 July Jurisdictions

Admissions. Barrister: 9 August 1996 Solicitor: 3 July Jurisdictions ANTHONY LO SURDO SC 12 WENTWORTH SELBORNE CHAMBERS, SYDNEY LONSDALE CHAMBERS, MELBOURNE Appointed Senior Counsel: 6 October 2011 Admissions Barrister: 9 August 1996 Solicitor: 3 July 1987 Jurisdictions