Commonwealth Consolidated Acts

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FAMILY LAW ACT 1975 - SECT 13K

Federal Circuit and Family Court of Australia may set aside registered awards

  (1)   If an award made in family law arbitration, or an agreement made as a result of such arbitration, is registered in:

  (a)   the Federal Circuit and Family Court of Australia (Division   1); or

  (b)   the Federal Circuit and Family Court of Australia (Division   2); or

  (c)   a Family Court of a State;

the court in which the award is registered 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.



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