Unconventional Conventions Pty Ltd v Accent Oz Pty Ltd

Unconventional Conventions Pty Ltd brought an action against Accent Oz Pty Ltd in the Supreme Court, seeking damages for alleged breaches of contract and associated claims. Accent Oz Pty Ltd opposed the proceedings, arguing that the contract in question was unenforceable due to procedural errors in its formation. The primary dispute centred on whether the court should proceed with a second mediation despite the failure of a previous compulsory mediation ordered under the Supreme Court rules.

The court needed to determine whether it had the discretion to order a second mediation despite one party's opposition, and if so, what factors should be considered in making such a decision. The legal issues involved interpreting the relevant provisions of the Supreme Court rules regarding mediation and understanding the principles that guide the court in exercising its discretion to order alternative dispute resolution processes.

The court examined the statutory framework and relevant case law to ascertain its jurisdiction and powers under the Supreme Court rules. It found that while the rules provided for the court to order mediation, the decision to do so was discretionary. The court held that it could indeed order a second mediation even if the first had failed, provided that there were compelling reasons to do so. Factors such as the likelihood of the mediation succeeding, the potential benefits of resolving the dispute through mediation, and the interests of justice were considered in the decision. The court concluded that, in this instance, ordering a second mediation would be in the interests of justice, given the complexity of the issues and the potential for resolution through mediation. The court exercised its discretion to order a further mediation attempt.

The final orders included a direction for the parties to participate in a second mediation session, with a specified timeframe for its completion and reporting back to the court. The proceedings were stayed pending the outcome of the mediation.