Commonwealth Consolidated Acts

FEDERAL COURT OF AUSTRALIA ACT 1976 - SECT 53AB

  (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 made an award in respect of the arbitration; and

  (c)   the award has been registered with the Court under the Rules of Court;

the following provisions of this section apply.

  (2)   A party to the award may apply to the Court for a review, on a question of law, of the award.

  (3)   If the Chief Justice considers that the matter to which an application made under subsection   (2) 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.

  (4)   On a review of an award on a question of law, the Court may:

  (a)   determine the question of law; and

  (b)   make such orders as it thinks appropriate, including:

  (i)   an order affirming the award; or

  (ii)   an order varying the award; or

  (iii)   an order setting aside the award and remitting the award to the arbitrator for reconsideration in accordance with the directions of the Court; or

  (iv)   an order setting aside the award and determining the matter to which the award related.

  (5)   A party to the award may apply to the Court or a Judge for an order that the costs payable by the party in respect of the arbitration be taxed in accordance with the Rules of Court.

  (6)   The person who made the application is not liable to pay in respect of the costs of the arbitration an amount that is more than the amount of the costs as taxed under an order made under subsection   (5).