StoneX Financial Inc v Ambrose

FEDERAL COURT OF AUSTRALIA

StoneX Financial Inc v Ambrose [2023] FCA 1568  

File number:

QUD 507 of 2023

Judgment of:

STEWART J

Date of judgment:

7 December 2023

Catchwords:

ARBITRATION – application for enforcement of foreign arbitral award under s 8(3) of the International Arbitration Act 1974 (Cth) – two-stage process – application for orders in accordance with Annexure B to the Commercial Arbitration Practice Note (CA-1) – orders to bring proceeding to the notice of the respondents – respondents required to apply showing why award should not be enforced

Legislation:

International Arbitration Act 1974 (Cth) ss 3, 8(3), 8(5), 8(7) 9(1)(a), 9(1)(b), Sch 1

Federal Court Rules 2011 (Cth) rr 10.24, 28.44

Convention on the Recognition and Enforcement of Foreign Arbitral Awards 330 UNTS 3

Cases cited:

DHI22 v Qatar Airways Group Q.C.S.C. [2023] FCA 616

Siemens WLL v BIC Contracting LLC [2022] FCA 1029

Division:

General Division

Registry:

Queensland

National Practice Area:

Commercial and Corporations

Sub-area:

Commercial Arbitration

Number of paragraphs:

22

Date of hearing:

7 December 2023

Counsel for the Applicant:

D Chesterman KC

Solicitor for the Applicant:

Norton Rose Fulbright

Counsel for the Respondent:

The application was heard ex parte.

ORDERS

QUD 507 of 2023

BETWEEN:

STONEX FINANCIAL INC.

Applicant

AND:

LINDA AMBROSE AND GRAHAM AMBROSE ATF AMBROSE SUPERANNUATION BENEFITS FUND (ABN 28 120 931 532)

First Respondent

LINDA AMBROSE

Second Respondent

GRAHAM AMBROSE

Third Respondent

ORDER MADE BY:	STEWART J
DATE OF ORDER:	7 DECEMBER 2023

THE COURT ORDERS THAT:

1.The applicant give notice to the respondents that unless the respondents file an application to oppose the making of orders to enforce the award, the Court will make the orders at orders 5(a) to (c) below.

2.The applicant give the notice referred to in order 1 by serving on them a copy of this order and the material relied upon by the applicant before the Court:

(a)By registered post to 9 Andrea Avenue, Broadbeach Waters, Queensland, 4218;

(b)By email to ‘[e-mail]’ and ‘[e-mail]’; and

(c)At such further address and in such further manner as the applicant submits is likely to bring the proceeding to the respondents’ notice.

3.Any application by the respondents opposing the enforcement of the award be filed and served within 28 days of notice first being given to them under order 2.

4.The originating application be listed for hearing on 31 January 2024.

5.Upon satisfactory proof of notice having been given to the respondents, and in the absence of an application having been filed by the respondents in accordance with order 3 above, at the date listed in order 4 the Court will make orders as follows:

(a)Pursuant to s 8(3) of the International Arbitration Act 1974 (Cth), it is declared that the applicant is entitled to enforce the award of the National Futures Association in Case No. 19-ARB-104 dated 12 May 2023 against Linda Ambrose and Graham Ambrose individually and as joint trustees of the Ambrose Superannuation Benefits Fund as if it were a judgment of this Court.

(b)Judgment be…