Commonwealth Numbered Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

FEDERAL MAGISTRATES ACT 1999 - SECT 37

Review of arbitration award on a question of law etc.
(1)
If:

(a)
any proceedings in the Federal Magistrates Court, or any part of them or any matter arising out of them, has been referred under subsection 35(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 Federal Magistrates Court under the Rules of Court;

the following provisions have effect.

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

(3)
On a review of an award on a question of law, the Federal Magistrates 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 Federal Magistrates Court; or
(iv)
an order setting aside the award and determining the matter to which the award related.
(4)
A party to the award may apply to the Federal Magistrates Court or a Federal Magistrate for an order that the costs payable by the party in respect of the arbitration be taxed in accordance with the Rules of Court.

(5)
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 (4).



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback