Western Australian Current Acts

FAMILY COURT ACT 1997 - SECT 65R

65R .         Court may set aside registered awards — FLA s. 13K

        (1)         If an award made in section 65M arbitration or relevant property or financial arbitration, or an agreement made as a result of such arbitration, is registered in the Court, the Court may make a decree affirming, reversing or varying the award or agreement.

        (2)         The Court may only make a decree under subsection (1) if the Court is satisfied that —

            (a)         the award or agreement was obtained by fraud (including non-disclosure of a material matter); or

            (b)         the award or agreement is void, voidable or unenforceable; or

            (c)         in the circumstances that have arisen since the award or agreement was made it is impracticable for some or all of it to be carried out; or

            (d)         the arbitration was affected by bias, or there was a lack of procedural fairness in the way in which the arbitration process, as agreed between the parties and the arbitrator, was conducted.

        [Section 65R inserted: No. 35 of 2006 s. 115.]

        [Heading inserted: No. 35 of 2006 s. 81.]