Federal Court Rules 2011

If the Court makes an order referring a proceeding, or part of a proceeding, to arbitration, a party may apply to the Court for any of the following orders:

nominating a person as arbitrator;

specifying the manner in which the arbitration is to be conducted;

specifying the time by which the arbitration is to be completed;

specifying how the arbitrator’s fees and expenses are to be paid;

specifying how the arbitrator’s report on the proceeding, part of the proceeding or any matter arising out of the proceeding is to be reported to the Court.

An order referring a proceeding to an arbitrator may be made only with the consent of the parties—see section 53A of the Act.

A nomination under paragraph (1)(a) must be accompanied by the arbitrator’s written consent to the appointment.