to arbitration (1) With the consent of all of the parties to the proceedings, a court exercising jurisdiction in: (a) Part VIII proceedings; or (b) Part VIIIAB proceedings (other than proceedings relating to a Part VIIIAB financial agreement); may make an order referring the proceedings, or any part of them, or any matter arising in them, to an arbitrator for arbitration.
(2) If the court makes an order under subsection (1), it may, if necessary, adjourn the proceedings and may make any additional orders as it thinks appropriate to facilitate the effective conduct of the arbitration.
13F Court may make orders to facilitate arbitration of certain disputes A court that has jurisdiction under this Act may, on application by a party to relevant property or financial arbitration, make orders the court thinks appropriate to facilitate the effective conduct of the arbitration.
13G Family Court and Federal Circuit Court may determine questions of law referred by arbitrator (1) An arbitrator of section 13E arbitration or relevant property or financial arbitration may, at any time before making an award in the arbitration, refer a question of law arising in relation to the arbitration for determination by: (a) a single judge of the Family Court; or (b) a single judge of the Family Court of a State; or (c) the Federal Circuit Court of Australia.
(2) The arbitrator may do so: (a) on his or her own initiative; or (b) at the request of one or more of the parties to the arbitration if the arbitrator considers it appropriate to do so.
(3) The arbitrator must not make an award in the arbitration before the judge or Federal Circuit Court of Australia has either: (a) determined the question of law; or (b) remitted the matter to the arbitrator having found that no question of law arises.
13H Awards made in arbitration may be registered in court (1) A party to an award made in section 13E arbitration or in relevant property or financial arbitration may register the award: (a) in the case of section 13E arbitration — in the court that ordered the arbitration; or (b) otherwise — in a court that has jurisdiction under this Act.
(2) An award registered under subsection (1) has effect as if it were a decree made by that court.
13J Family Court or Federal Circuit Court can review registered awards (1) A party to a registered award made in section 13E arbitration or relevant property or financial arbitration may apply for review of the award, on questions of law, by: (a) a single judge of the Family Court; or (b) a single judge of the Family Court of a State; or (c) the Federal Circuit Court of Australia.
Note: There may be Rules of Court providing for when, and how, an application for review of the award can be made (see paragraph 123(1)(sf)).
(2) On a review of an award under this section, the judge or Federal Circuit Court of Australia may: (a) determine all questions of law arising in relation to the arbitration; and (b) make such decrees as the judge or Federal Circuit Court of Australia thinks appropriate, including a decree affirming, reversing or varying the award.
13K Family Court and Federal Circuit Court may set aside registered awards (1) If an award made in section 13E arbitration or relevant property or financial arbitration, or an agreement made as a result of such arbitration, is registered in: (a) the Family Court; or (b) the Federal Circuit Court of Australia; 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.
Part IV — The Family Court of Australia
Division 1 — Interpretation
20 Interpretation In this Part, unless the contrary intention appears: Chief Judge means the Chief Judge of the Court, and includes the Deputy Chief Judge or a Judge Administrator if the Deputy Chief Judge or Judge Administrator is for the time being performing the duties and exercising the powers of the Chief Judge.
Court means the Family Court of Australia.
Deputy Chief Judge means the Deputy Chief Judge of the Court.
Judge means a Judge of the Family Court (including the Chief Judge, the Deputy Chief Judge, a Judge Administrator or a Senior Judge).
Judge Administrator means a Judge Administrator of the Court.
Principal Registrar means the Principal Registrar of the Court.
Division 2 — The Family Court of Australia
21 Creation of Court (1) A Court, to be known as the Family Court of Australia, is created by this Act.
(2) The Court is a superior court of record.
(3) The Court consists of: (a) a Chief Judge, who shall be called the Chief Justice of the Court; (b) a Deputy Chief Judge, who shall be called the Deputy Chief Justice of the Court; and (c) Judge Administrators, Senior Judges and other Judges, not exceeding, in total, such number as is prescribed.
(4) Regulations made pursuant to subsection (3) shall take effect at the expiration of 7 sitting days after the regulations have been laid before each House of the Parliament.
21A Divisions of Court For the purposes of the organization and conduct of the business of the Court, the Court comprises 2 Divisions, namely, the Appeal Division and the General Division.
21B Arrangement of business of Court (1) The Chief Judge is responsible for ensuring the effective, orderly and expeditious discharge of the business of the Court.
(1A) In discharging his or her responsibility under subsection (1) (and without limiting the generality of that subsection) the Chief Judge: (a) may, subject to this Act and to such consultation with Judges as is appropriate and practicable, do all or any of the following: (i) make arrangements as to the Judge or Judges who is or are to constitute the Court, or the Full Court, in particular matters or classes of matters; (ii) without limiting the generality of subparagraph (i) — assign particular caseloads, classes of cases or functions to particular Judges; (iii) temporarily restrict a Judge to non‑sitting duties; and (b) must ensure that arrangements are in place to provide Judges with appropriate access to (or reimbursement for the cost of): (i) annual health assessments; and (ii) short‑term counselling services; and (iii) judicial education; and (c) may deal, as set out in subsection (1B), with a complaint about the performance by another Judge of his or her judicial or official duties; and (d) may take any measures that the Chief Judge believes are reasonably necessary to maintain public confidence in the Court, including, but not limited to, temporarily restricting another Judge to non‑sitting duties.
(1B) The Chief Judge may, if a complaint is made about another Judge, deal with the complaint by doing either or both of the following in respect of the complaint: (a) deciding whether or not to handle the complaint and then doing one of the following: (i) dismissing the complaint; (ii) handling the complaint if the Chief Judge has a relevant belief in relation to the complaint about the other Judge; (iii) arranging for any other complaint handlers to assist the Chief Judge to handle the complaint if the Chief Judge has a relevant belief in relation to the complaint about the other Judge; (b) arranging for any other complaint handlers to decide whether or not to handle the complaint and then to do one of the following: (i) dismiss the complaint; (ii) handle the complaint if each of the complaint handlers has a relevant belief in relation to the complaint about the other Judge.
Note: A complaint handler (other than the Chief Judge) may handle a complaint