Federal Circuit and Family Court of Australia may set aside registered awards
13K Federal Circuit and Family Court of Australia may set aside registered awards
If an award made in family law arbitration, or an agreement made as a result of such arbitration, is registered in:
the Federal Circuit and Family Court of Australia (Division 1); or
the Federal Circuit and Family Court of Australia (Division 2); or
a Family Court of a State;
the court in which the award is registered may make a decree affirming, reversing or varying the award or agreement.
The court may only make a decree under subsection (1) if the court is satisfied that:
the award or agreement was obtained by fraud (including non‑disclosure of a material matter); or
the award or agreement is void, voidable or unenforceable; or
in the circumstances that have arisen since the award or agreement was made it is impracticable for some or all of it to be carried out; or
the arbitration was affected by bias, or there was a lack of procedural fairness in the way in which the arbitration process, as agreed between the parties and the arbitrator, was conducted.
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