Commonwealth Consolidated Regulations

FAMILY LAW REGULATIONS 1984 - REG 67L

  (1)   If an arbitrator considers that a party to an arbitration does not have the capacity to take part   in the arbitration, the arbitrator must:

  (a)   terminate the arbitration; and

  (b)   for an arbitration under section   13E   of the Act, refer the matter to the court that ordered the arbitration.

  (2)   For subregulation   (1), a person who is a party to an arbitration does not have the capacity to take part   in the arbitration if:

  (a)   the person does not understand the nature and possible consequences of the arbitration; or

  (b)   the person is not capable of:

  (i)   giving adequate instruction to his or her representative for the conduct of the arbitration; or

  (ii)   satisfactorily appearing in person in the arbitration.