Federal Circuit and Family Court of Australia may determine questions of law referred by arbitrator
13G Federal Circuit and Family Court of Australia may determine questions of law referred by arbitrator
An arbitrator of family law arbitration may, at any time before making an award in the arbitration, refer a question of law arising in relation to the arbitration for determination by:
the Federal Circuit and Family Court of Australia; or
a single judge of the Family Court of a State.
The arbitrator may do so:
on his or her own initiative; or
at the request of one or more of the parties to the arbitration if the arbitrator considers it appropriate to do so.
The arbitrator must not make an award in the arbitration before the judge or Federal Circuit and Family Court of Australia has either:
determined the question of law; or
remitted the matter to the arbitrator having found that no question of law arises.
The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.