By Matthew Shepherd -
Snapshot
- Braddon & Braddon [2018] FCCA 1845 is the first judicial clarification of when a family law property arbitral award can be reviewed, or registration opposed.
- Judicial review is not a rehearing.
- Lawyers should make arbitration a part of their discussions with clients about the general dispute resolution process.
In 2016, the Family Law Court was at the point where waiting times exceeded three years from the first filing date to delivery of judgment. When amendments were made to the arbitration provisions of the Family Law Act and Regulations that same year, it was perhaps unsurprising that arbitration became an attractive dispute resolution option for those separating spouses who wanted to have their property disputes determined quickly, privately and efficiently.
However, some practitioners expressed concerns around the provisions about opposing the registration of arbitral awards, and reviewing or setting aside arbitral awards. These concerns have been addressed in the recent Federal Circuit Court decision of Braddon & Braddon [2018] FCCA 1845.
