Family Court Rules 2021

This rule applies if —

a party to an arbitration (the disclosing party) claims —

privilege from production of a document under this Division; or

that the disclosing party is unable to produce a document required to be produced under this Division;

another party to the arbitration, by written notice to the disclosing party, challenges the claim.

The disclosing party must, within 7 days after receiving the notice, give a statement setting out the basis of the claim to —

the other party; and

the arbitrator.

If a statement is given to the arbitrator under subrule (2) in relation to a claim and the arbitrator considers that determining the claim would not involve determining a question of law, the arbitrator must determine the claim or terminate the arbitration.

If a statement is given to the arbitrator under subrule (2) in relation to a claim and the arbitrator considers that determining the claim would involve determining a question of law, the arbitrator must notify the parties.

If, under subrule (3), the arbitrator terminates an arbitration under the Family Law Act section 13E, the arbitrator must, within 7 days, inform the court.