Commonwealth Consolidated Acts

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FEDERAL COURT OF AUSTRALIA ACT 1976 - SECT 53AA

Power of arbitrator to refer question of law to the Court

  (1)   If:

  (a)   any proceedings in the Court, or any part of them or any matter arising out of them, has been referred under subsection   53A(1) to an arbitrator for arbitration; and

  (b)   the arbitrator has not made an award in respect of the arbitration; and

  (c)   a party to the arbitration has requested the arbitrator to apply to the Court for leave to refer to the Court a question of law arising in the arbitration;

the arbitrator may apply to the Court or a Judge for leave to refer the question to the Court.

  (2)   If the Chief Justice considers that the matter to which the application for leave relates is of sufficient importance to justify the giving of a direction under this subsection, the Chief Justice may direct that the jurisdiction of the Court in that matter is to be exercised by a Full Court.

  (3)   The Court or Judge must not grant leave unless satisfied that the determination of the question of law by the Court might result in substantial savings in costs to the parties to the arbitration.


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