CORPORATIONS - commercial arbitration - interlocutory application seeking an order that the proceedings be referred to arbitration - whether the applicants had entered into an agreement to resolve the dispute by arbitration - whether the applicants are disentitled from seeking certain relief because of a contractual agreement to resolve disputes the subject of the proceeding by arbitration - should the Court direct that there be a trial to decide whether any or all of the arbitration agreements are null and void, inoperative or incapable of being performed - there be a trial of whether five of the agreements to arbitrate are null and void, inoperative or incapable of being performed.
STATUTORY INTERPRETATION - whether s 8(1) of the Commercial Arbitration Act 2010 (NSW) or the Commercial Arbitration Act 2012 (WA) ("commercial arbitration legislation") is 'picked up' by s 79 of the Judiciary Act 1903 (Cth) - what is the meaning of 'domestic commercial arbitration' in the commercial arbitration legislation - what facts must the party seeking referral to arbitration establish to engage s 8(1) of the arbitration legislation - to what standard of proof must these facts be established - does the Court have discretion to decide or not decide whether an arbitration agreement is null and void, inoperative or incapable of being performed
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