Queensland Consolidated Acts

PROPERTY LAW ACT 1974 - SCHEDULE 5

SCHEDULE 5 – Rules as to arbitration

Part 1 - Arbitration before a single arbitrator

Appointment of arbitrator

1 The arbitrator shall be a person appointed by agreement between the parties, or in default of agreement between the parties within 14 days of the date of the giving of notice by one party to the other party requiring appointment of an arbitrator, a person appointed by the Minister on the application in writing of either of the parties.

2 If a person appointed arbitrator dies, or is incapable of acting, or for 7 days after notice from either party requiring the arbitrator to act fails to act, a new arbitrator may be appointed as if no arbitrator had been appointed.

3 Neither party shall have power to revoke the appointment of the arbitrator without the consent of the other party.

4 Every appointment, notice, revocation, and consent under this part of these rules must be in writing.

Time for award

5 The arbitrator shall make and sign the award within 28 days of the arbitrator’s appointment or within such longer period as the Minister may (whether the time for making the award has expired or not) direct.

Removal of arbitrator

6 Where an arbitrator has misconducted himself or herself, the court or a judge of the court may remove the arbitrator.

Evidence

7 The parties to the arbitration, and all persons claiming through them respectively, shall, subject to any legal objection, submit to be examined by the arbitrator, on oath or affirmation, in relation to the matters in dispute, and shall, produce before the arbitrator all samples, books, deeds, papers, accounts, writings, and documents, within their possession or power respectively which may be required or called for, and do all other things which during the proceedings the arbitrator may require.

8 The arbitrator shall have power to administer oaths, and to take the affirmation of parties and witnesses appearing, and witnesses shall, if the arbitrator thinks fit, be examined on oath or affirmation.

Statement of case

9 The arbitrator may at any stage of the proceedings, and shall, if so directed by a judge of the court (which direction may be given on the application of either party), state in the form of a special case for the opinion of that court any question of law arising in the course of the arbitration.

Award

10 The arbitrator shall on the application of either party specify the amount awarded in respect of any particular improvement or improvements, and the award shall fix a day not sooner than 1 month nor later than 2 months after the delivery of the award for the payment of the money awarded for compensation, costs, or otherwise, and shall be in such form as may be prescribed by the Minister.

11 The award to be made by the arbitrator shall be final and binding on the parties and the persons claiming under them respectively.

12 The arbitrator may correct in an award any clerical mistake or error arising from any accidental slip or omission.

13 When an arbitrator has misconducted himself or herself, or an arbitration or award has been improperly procured, the court or a judge of the court may set the award aside.

Costs

14 The costs of and incidental to the arbitration and award shall be in the discretion of the arbitrator, who may direct to and by whom and in what manner these costs or any part of these costs are to be paid, and the costs shall be subject to taxation by the proper officer of the court on the application of either party.

15 The arbitrator shall, in awarding costs, take into consideration the reasonableness or unreasonableness of the claim of either party, either in respect of amount or otherwise, and any unreasonable demand for particulars or refusal to supply particulars, and generally all the circumstances of the case, and may disallow the costs of any witness whom the arbitrator considers to have been called unnecessarily, and any other costs which the arbitrator considers to have been incurred unnecessarily.

Part 2 - Arbitration before 2 arbitrators or an umpire

Appointment of arbitrators and umpire

1 If the parties agree in writing that there be not a single arbitrator, each of them shall appoint an arbitrator.

2 If before award an arbitrator dies or is incapable of acting, or for 7 days after notice from either party requiring the arbitrator to act fails to act, the party appointing the arbitrator shall appoint another arbitrator.

3 Notice of every appointment of an arbitrator by either party shall be given to the other party.

4 If for 14 days after notice by 1 party to the other to appoint an arbitrator, or another arbitrator, the other party fails to do so, then, on the application of the party giving notice, the Minister shall appoint a person to be an arbitrator.

5 Where 2 arbitrators are appointed, then (subject to these rules) they shall, before they enter on the arbitration, appoint an umpire.

6 If before award an umpire dies or is incapable of acting, or for 7 days after notice from either party requiring the umpire to act fails to act, the arbitrators may appoint another umpire.

7 If for 7 days after request from either party, the arbitrators fail to appoint an umpire, or another umpire, then, on the application of either party, the Minister shall appoint a person to be the umpire.

8 Neither party shall have power to revoke an appointment of an arbitrator without the consent of the other.

9 Every appointment, notice, request, revocation, and consent under this part of these rules shall be in writing.

Time for an award

10 The arbitrators shall make and sign their award in writing within 28 days after the appointment of the last appointed of them, or on or before any later day to which the arbitrators, by any writing signed by them, may enlarge the time for making the award, not being more than 49 days from the appointment of the last appointed of them.

11 If the arbitrators have allowed their time or extended time to expire without making an award, or have delivered to either party or to the umpire a notice in writing stating that they cannot agree, the umpire may immediately enter on the arbitration instead of the arbitrators.

12 The umpire shall make and sign the umpire’s award within 1 month after the original or extended time appointed for making the award of the arbitrators has expired.

13 The time for making an award may from time to time be extended by the Minister, whether the time for making the award has expired or not.

Removal of arbitrator, evidence, statement of case, award, costs, forms

14 The provisions of part 1 as to the removal of an arbitrator, the evidence, the statement of a case, the award, costs, and forms shall apply to an arbitration under this part as if the expression
"arbitrator" whenever used in those provisions included 2 arbitrators or an umpire, as the case may require.