Queensland Consolidated Acts

LAND ACT 1994 - SECT 339T

339T Effect of arbitrator’s decision and limitation of review

(1) This section applies to a decision of the arbitrator on a matter in dispute between the parties to the dispute.

(2) The decision has the same effect as if the parties to the dispute had entered into a binding and enforceable agreement to the same effect as the decision.

(3) Subject to subsections (4) and (5) , the decision—

(a) is final and conclusive; and

(b) can not be challenged, appealed against, reviewed, quashed, set aside or called in question in any other way, under the Judicial Review Act 1991 or otherwise (whether by the Supreme Court, another court, a tribunal or another entity); and

(c) is not subject to any declaratory, injunctive or other order of the Supreme Court, another court, a tribunal or another entity on any ground.

(4) The Judicial Review Act 1991 , part 5 applies to the decision to the extent it is affected by jurisdictional error.

(5) Also, the Supreme Court may, on the application of a party to the dispute, set aside the decision if—

(a) the decision was induced or affected by the improper behaviour of a party to the dispute; or

Examples of improper behaviour—

fraud, duress, undue influence

(b) at any time during the arbitral proceeding, the party was a person with impaired capacity for a matter within the meaning of the Guardianship and Administration Act 2000 ; or

(c) a breach of the rules of natural justice happened in relation to the making of the decision.

(6) In this section—

"decision" includes a decision, or conduct, leading up to or forming part of the process of making a decision.