Clyde Croft AM SC


Present Position

Independent Arbitrator and Mediator - Former Judge of the Supreme Court of Victoria

Professional Experience

The Hon Dr Clyde Croft AM SC

Independent Arbitrator and Mediator

The Hon Dr Clyde Croft AM SC prior to his appointment as a Judge of the Supreme Court of Victoria in 2009 practised extensively in property and commercial law and was an arbitrator and mediator in many property, construction and commercial disputes, domestically and internationally. He was then and is now on his leaving the Court in 2019 an Institute of Arbitrators and Mediators (IAMA)(now the Resolution Institute) Grade 1 Arbitrator (the highest grading), and was a member of the IAMA Australian and international panel of commercial arbitrators, a member of the Australian Centre for International Commercial Arbitration (ACICA), the Singapore International Arbitration Centre (SIAC) and the Asia Pacific Regional Arbitration Group (APRAG) panels of international arbitrators; and represented APRAG at the United Nations Commission on International Trade Law (UNCITRAL) International Arbitration Working Group Sessions from 2005 until 2010. Justice Croft (as he then was) was a member of the Hague Conference on Private International Law Working Group on Choice of Law in International Contracts.

Dr Croft is also a Life Fellow of the Resolution Institute (IAMA), a Life Fellow of ACICA, a Judicial Fellow of AMINZ, a Fellow of the Chartered Institute of Arbitrators and a Fellow of the Australian Academy of Law. He was a member of the London Court of International Arbitration (LCIA). He was the IAMA National President (1997 - 2000) and was an IAMA National Councillor and IAMA Vice-President until his appointment. Dr Croft was the Treasurer, a Director and a Fellow of ACICA. He was an accredited mediator under the Australian National Mediator Accreditation System (and a Victorian Bar and IAMA Accredited Mediator) and a Sessional Member, Victorian Civil and Administrative Tribunal – and is a Resolution Institute (IAMA) Accredited Mediator.

Dr Croft is the author, or co-author, of leading texts in the international arbitration, property, equity, leasing, securities and commercial law fields and of numerous articles and conference papers on commercial arbitration (domestic and international) and property and commercial law subjects. Justice Croft was an Adjunct Professor of Law, Deakin University, Melbourne. He was appointed Senior Counsel in 2000 and holds the degrees of B Ec, LLB and LLM from Monash University, Melbourne, and PhD from the University of Cambridge.

Dr Croft was the Judge in Charge of a General Commercial List, Judge in Charge of the Arbitration List and Judge in Charge of the Taxation List in the Commercial Court of the Supreme Court of Victoria. During his decade in the Commercial Court Justice Croft heard many very substantial and significant cases including the Great Southern proceedings involving multiple “class actions” and individual proceedings together with very significant arbitration proceedings.

In the 2019 Australia Day Honours Justice Croft (as he then was) was appointed a Member of the Order of Australia (AM) “For significant service to the law, and to the judiciary, particularly through commercial arbitration”.

Career Summary

v LEGAL

Called/Signed Bar Roll as a Barrister - 1978 (NSW) and 1979 (Victoria); and admitted as a Barrister and Solicitor 1974 (Supreme Court of Victoria and the High Court of Australia ? including the Australian Federal jurisdiction).

Senior Counsel (Silk) (Australia) [Victoria (Letters Patent - 28 November 2000; New South Wales (reciprocal recognition - December 2000); Tasmania, ACT and NT (reciprocal recognition - April 2001)(with reciprocal recognition accorded in all other Australian States and Territories as required)]. Appointed a judge of the Supreme Court of Victoria on 4 November 2009.

Chairman, List A Barristers Pty Ltd (List A Barristers List of the Victorian Bar) (2004 - to October 2009);

Member, International Bar Association (IBA); and the IBA Arbitration and Mediation Committees;

Member, Law Council of Australia (LCA) (and Member, International Law Section, LCA);

Member, Australian Institute of Judicial Administration (AIJA);

Formerly Member, Leases Committee (Law Institute of Victoria); and

Formerly Member, Property Law Committee (Law Institute of Victoria)

v TRIBUNAL and GOVERNMENT

Formerly Sessional Member, Victorian Civil and Administrative Tribunal (VCAT) (2003 - 2013) (assigned to the Legal Practice List, the Occupational and Business Regulation List and the State Taxation List);

Statutory Arbitrator and Conciliator under the Retail Tenancies Act 1986 (1989 - 1998);

Crown Solicitor for the Northern Territory of Australia/ Solicitor for the Northern Territory of Australia (1987 - 88); and

Public Notary, Northern Territory of Australia (1987 - to date).

v ACADEMIC

Formerly Adjunct Professor of Law, Deakin University (Melbourne)(appointed 1993; and appointed to 2010);

Visiting Scholar, Faculty of Law, University of Cambridge (Aug/Sept 2006, 2007 and 2008); and

Examiner in Commercial Tenancy Law for Solicitors' Specialist Accreditation Scheme (Law Institute of Victoria).

v ARBITRATION and ADR

Treasurer and Director, Australian Centre for International Commercial Arbitration (ACICA) (2003 until appointment to Supreme Court); Vice President, ACICA (1996 - 2003); Foundation Vice-President ACICA (1984 - 1986); and Chair, ACICA Rules Committee (2004 until appointment to Supreme Court).

National Councillor, Institute of Arbitrators and Mediators Australia (IAMA) (2008 until appointment to Supreme Court); National Vice President (2009 until appointment to Supreme Court);

National President, IAMA (1997 - 2000); Immediate Past President , IAMA (2000 - 2001); Chair, Education and Training Committee, IAMA (1996 - 2000); Chair, The Arbitrator Journal Advisory [editorial] Committee, IAMA (1995 - 2001); and Chair, Arbitration Committee, IAMA (2008 until appointment to Supreme Court).

Member, International Chamber of Commerce (ICC) National Arbitration Committee (Australia) (2007 until appointment to Supreme Court)

Foundation member of the Asia-Pacific Council of the London Court of International Arbitration (LCIA) and formerly LCIA National Liaison Member for Australia.

Life Fellow, Institute of Arbitrators and Mediators Australia - now Resolution Institute - (LF(IAMA) ResInst)

life Fellow, Australian Centre for International Commercial Arbitration (FACICA);

Judicial Fellow, Arbitrators? and Mediators? Institute of New Zealand (FAMINZ);

Fellow, Chartered Institute of Arbitrators (FCIArb);

Liveryman, Worshipful Company of Arbitrators of London; and

Formerly Member, London Court of International Arbitration (LCIA).

Institute of Arbitrators and Mediators Australia (IAMA) - now Resolution Institute -Grade 1 Arbitrator (Grade 1 being the highest grading)(and until appointment to the Supreme Court a Member of the Panel of Commercial Arbitrators (Domestic and International));

Asia Pacific Regional Arbitration Group (APRAG) - until appointment to the Supreme Court a member of the Panel of International Arbitrators;

Formerly Australian Centre for International Commercial Arbitration (ACICA) - until appointment to the Supreme Court a Member of the Panel of International Arbitrators;

Arbitrators' and Mediators' Institute of New Zealand (AMINZ) - until appointment to the Supreme Court a Member of the Panel of New Zealand and International Arbitrators and formerly a member of the AMINZ Arbitration Appeals Tribunal Panel;

Singapore International Arbitration Centre (SIAC) - until appointment to the Supreme Court a member of the Panel of International Arbitrators;

Institute of Arbitrators and Mediators Australia (IAMA)- Until appointment to the Supreme Court - an accredited Mediator

Victorian Bar - an accredited Mediator; and an accredited Mediator under the Australian National Mediator Accreditation System.

Appointments

Independent Arbitrator and Mediator - 7 October 2019 ongoing

Judge, Supreme Court of Victoria - 4 November 2009 - 4 October 2019.

Senior Counsel - "Silk" (Australia)(Letters Patent (Victoria) - 28 November 2000);

IAMA President (1997-2000);

Formerly ACICA Foundation Vice-President and a Director and Treasurer;

Formerly a Member, Asia Pacific Regional Arbitration Group (APRAG), ACICA, Singapore International Arbitration Centre (SIAC) and IAMA Arbitration Panels and AMINZ Arbitration Appeals Tribunal Panel;

Formerly a Sessional Member, Victorian Civil and Administrative Tribunal (VCAT); and

Formerly Adjunct Professor of Law, Deakin University (Melbourne)

Publications

v COMMERCIAL LEASES

Commercial Tenancy Law in Australia (Butterworths, 1990; Butterworths, 2 nd edition, 1997) joint author with Professor A. Bradbrook, University of Adelaide; with a third edition as Commercial Tenancy Law , jointly with Professor Bradbrook and Robert Hay, published in December 2008); with a fourth edition jointly with Robert Hay QC and Luke Virgona, Barrister, published 2018; and

Retail Leases Victoria - under the Retail Leases Act 2003, the Retail Leases (Amendment) Act 2005 and under the 1986 and 1998 retail tenancies legislation (Butterworths/LexisNexis); a major loose-leaf work published in March 2006 (being the fifth edition of Croft, Retail Leases , previously published between 1992 and 2004 by the Leo Cussen Institute).

v RENT REVIEW

Handbook of Rent Review (Sweet and Maxwell (UK), Loose-leaf); main work by Kirk Reynolds QC and Guy Fetherstonhaugh QC of Falcon Chambers, London. Consultant Editor, Australian and New Zealand Law and Practice and author of an extensive chapter on Australasian rent review law and practice (chapter first published 2009).

v MORTGAGES AND SECURITIES

Fisher and Lightwood?s Law of Mortgage - Australian Edition (Butterworths, 1995; jointly with Professor ELG Tyler and Mr Justice PW Young CJ in Equity (Supreme Court of NSW)); second edition (joint author, as above) published November 2005; and with a third edition (joint author, as above) published 2014 (Butterworths/LexisNexis); and

The Mortgagee?s Power of Sale (Butterworths, 1980); a second edition of this work, joint author with Jan Johannsson, was published in June 2004; and a third and fourth edition of this work with Robert Hay QC was published in 2013 and 2019 respectively (Butterworths/LexisNexis).

v EQUITY

On Equity (Thomson Reuters, jointly with Mr Justice PW Young AO, Judge of the NSW Court of Appeal, and Megan Smith, published 2009).

v LAND LAW

Consultant Editor, CCH Victorian Conveyancing Service [a text dealing with land contracts, leases, mortgages and commercial conveyancing];

General - Editor, Australian Property Law Journal (Butterworths/LexisNexis); and

General Editor Leo Cussen Institute - Contemporary Issues in Property Law (1997 - four books in the series to date) (a series of substantial books containing papers on property law issues of current relevance; including leases, mortgages, sale of land and more generally).

v COMMERCIAL ARBITRATION

A Guide to the Revised UNCITRAL Arbitration Rules (Cambridge University Press, jointly with Dr Christopher Kee and Professor Jeffrey Waincymer; published 2013.

v CONSULTANCY PAPERS AND ARTICLES

APRAG Reports on the UNCITRAL Working Group II (Arbitration) Sessions reviewing the UNCITRAL Arbitration Rules;

Attorney-General?s (Vic) Working Party on Alternative Dispute Resolution Report (1990) written in consultation and with the agreement of the Working Party;

Review of the Retail Tenancies Act 1986 which was prepared for submission to the Minister for Small Business by the Small Business Advisory Network; and

Articles and conference papers on commercial arbitration (domestic and international) and other property and commercial law subjects (including at the UNCTRAL-CIAC Conference in Delhi in October 2008).

Speciality Areas

Extensive experience and expertise in property, equity and commercial law (including equity, trusts, real and personal property, corporations, commercial projects and associated freehold and leasehold conveyancing , mortgages and securities, securitisation, commercial leases, commercial contracts generally, trade practices, construction and engineering and related matters) and international and domestic commercial arbitration. Author of leading Australian texts on property, equity, leasing (including rent review), securities and commercial law and many articles and conference papers on property and commercial law and international and domestic commercial arbitration.

Qualifications

PhD (Cambridge University) (1983);

B Ec (1971); LL B (1973); LL M (1979)(Monash University, Melbourne);

Called/Signed Bar Roll - 1978 (NSW) and 1979 (Victoria)(Solicitor) 1974 (Vic));

Life Fellow, Institute of Arbitrators and Mediators Australia - now Resolution Institute)(LF(IAMA)ResInst);

Life Fellow, Australian Centre for International Commercial Arbitration (FACICA);

Judicial Fellow, Arbitrators? and Mediators? Institute of New Zealand (FAMINZ);

Fellow, Chartered Institute of Arbitrators (FCIArb);

Grade 1 Arbitrator (IAMA)(Grade 1 being the highest grading); and

Until appointment to the Supreme Court -Accredited Mediator (Australian National Accreditation Scheme, IAMA and Victorian Bar).