Victorian Current Acts Victorian Current ActsS. 102(1) amended by No. 68/2004 s. 4.
(1) The Court must refer a complaint under which the amount of monetary relief sought is less than $10 000 to arbitration in accordance with this Division.
(2) Subsection (1) does not apply if—
(a) the complaint is of a class prescribed by the regulations as a complaint to which this Division does not apply; or
(b) the Court, in accordance with subsection (3), orders that the complaint be heard and determined by the Court and not referred to arbitration.
(3) The Court may, on the application of a party or without any such application, order that a complaint be heard and determined by the Court and not referred to arbitration in accordance with this Division if it is satisfied that—
(a) the complaint is not disputed; or
(b) the complaint relates to the enforcement of an order which has not been set aside; or
(c) the complaint involves complex questions of law or fact; or
(d) a question of fraud is in issue; or
(e) the parties agree that the complaint should not be referred to arbitration; or
(f) it would be unreasonable for the complaint to be referred to arbitration having regard to its subject-matter, the circumstances of the parties or the interests of any other person likely to be affected by an award under this Division.
(4) If arbitration of a complaint is commenced and the Court is satisfied, on the application of a party or without any such application, that the complaint ought to be determined by the Court and not referred to arbitration in accordance with this Division, the Court may, at any time before an award is made in the arbitration—
(a) order that the complaint be determined by the Court; and
(b) make such order as to the costs of the arbitration as it thinks fit; and
(c) give such directions as it thinks necessary about the hearing of the complaint by the Court.