Nature of the Dispute. Any dispute arising out of or relating to this Agreement, including without limitation, the interpretation of any provision of this Agreement or the breach, termination or invalidity of this Agreement (a "Dispute") shall be settled exclusively and finally by arbitration. It is specifically understood and agreed that any Dispute may be submitted to arbitration irrespective of the magnitude thereof, the amount in controversy or whether such Dispute would otherwise be considered justifiable or ripe for resolution by a court.
Nature of the Dispute. What is the outcome you seek? ………………………………………………………………………………………………. ………………………………………………………………………………………………… …………………………………………………………………………………………… Your signature: …………………………………… Date of this notification: …………………… AGREEMENT EXECUTED as an agreement this day of 20 SIGNED SEALED AND DELIVERED for and ) on behalf of THE UNITING CHURCH IN ) AUSTRALIA PROPERTY TRUST ) (VICTORIA) by the Heatherlie Homes ) Chairperson, the duly appointed agent of The ) Uniting Church in Australia Property Trust (Victoria), in the presence of: Heatherlie Chairperson Witness SIGNED by THE RESIDENT in the presence of: ) ) Resident 1 Witness ) SIGNED by THE RESIDENT in the presence ) of: Resident 2 Witness SIGNED by THE RESIDENT by his/her duly ) appointed attorney ) ) who certifies that he/she is authorised to execute this document under power of attorney dated and at the date of execution he/she has received no notice of revocation of the power of attorney in the presence of: ) ) ) ) ) ) Signature of attorney Witness Witness name TABLE OF CONTENTS OPERATIVE WORDS 3 PRESCRIBED TERMS UNDER REGULATION 13 OF THE RETIREMENT VILLAGES (CONTRACTUAL ARRANGEMENTS) REGULATIONS 2017 3 MATTERS REQUIRED BY REGULATION 11 OF THE RETIREMENT VILLAGES (CONTRACTUAL ARRANGEMENTS) REGULATIONS 2017 TO BE ADDRESSED 4 MATTERS THAT MAY BE INCLUDED IN RESIDENCE OR MANAGEMENT CONTRACTS 12 10 OTHER TERMS – WHICH MUST NOT INCLUDE ANY TERM PROHIBITED BY THE RETIREMENT VILLAGES ACT 1986 OR REGULATIONS 11 SCHEDULE ONE 19 SCHEDULE TWO 20 SCHEDULE THREE 21 SERVICES 21 SCHEDULE FOUR 22 SCHEDULE FIVE 24 SCHEDULE SIX 25 SCHEDULE SEVEN 30 SCHEDULE EIGHT 31 COMPLAINT PROCEDURE 32
Nature of the Dispute. Any dispute arising out of or relating to whether the Operator may be removed for Cause pursuant to Section 3.6 or to whether the Company's Assets have been infringed upon pursuant to Section 3.10(b) (a "Dispute") shall be settled exclusively and finally by arbitration. It is specifically understood and agreed that any Dispute may be submitted to arbitration irrespective of the magnitude thereof, the amount in controversy or whether such Dispute would otherwise be considered justiciable or ripe for resolution by a court.
Nature of the Dispute. The dispute between the parties was characterised as a commercial dispute in which Xxxxxxxx holds property that EMHS seeks to obtain by way of the proceedings. This fell within the definition of “dispute” under the Agreement4. 1 At [43] – [44]. 2 At [49]. 3 At [45]. 4 See [59] (for the definition of dispute) and [63]. However, it was determined that the dispute was not amenable to mediation, due to the contractual framework between the parties involved. The Agreement was between EMHS and Isopogen. While the Isopogen Parties had brought the Application, it was found that any requirement to mediate could only be binding upon the parties to the Agreement. The other four defendants, including Isopogen WA, were not parties to the Agreement and so could not be bound by clause 13.4. 5 In the circumstances, it was relevantly considered that: 6 • any mediation between EMHS and Xxxxxxxx risked a fragmentation of the proceedings with the potential for at least two sets of proceedings to run in the dispute, and • clause 13.4 was inadequate for the determination of the dispute as a whole, because it did not cover all of the parties to the dispute.
