Victorian Consolidated Regulations Victorian Consolidated Regulations(1) An application under section 34 of the Commercial Arbitration Act to set aside an award shall be in Form 2–9W.
(2) The application shall identify—
(a) if the applicant relies on section 34(2)(a) of the Commercial Arbitration Act —which subparagraph of section 34(2)(a) is relied upon;
(b) if the applicant relies on section 34(2)(b) of the Commercial Arbitration Act —which subparagraph of section 34(2)(b) is relied upon; and
(c) brief grounds for seeking the order.
(3) The application shall be accompanied by an affidavit—
(a) exhibiting—
(i) a copy of the arbitration agreement; and
(ii) a copy of the award including the reasons of the arbitral tribunal for the award; and
(b) identifying—
(i) the detailed grounds for seeking the order;
(ii) the material facts relied on; and
(iii) the date on which the applicant received the award or, if a request was made under section 33 of the Commercial Arbitration Act to the arbitral tribunal to correct the award, the date on which that request was disposed of by the arbitral tribunal.
(4) The application and supporting affidavit shall be served on any person whose interest might be affected by the setting aside of the award.
(5) Any application by a party to the arbitration under section 34(4) of the Commercial Arbitration Act shall be made by interlocutory application in the proceeding commenced under paragraph (1).