Courts launch family law property arbitration list

The Family Court of Australia and the Federal Circuit Court of Australia have established a National Arbitration List.

The list will be managed by dedicated national arbitration judges – Justice Wilson in the Family Court, Judge Harman in the Federal Circuit Court and Justice Strickland as the coordinating appeals judge.

All matters referred to arbitration will be placed in the National Arbitration List. Any application for interim orders sought to facilitate the arbitration by arbitrators or parties will be dealt with by the relevant national arbitration judge electronically.

Applications for registration of arbitral awards issued by arbitrators will be dealt with by the same national arbitration judge. Similarly, applications for review of an arbitral award will be conducted by the relevant national arbitration judge.

Chief Justice Alstergren said, “The Courts have long supported the use of alternative dispute resolution as a quicker and more affordable option for litigants to resolve their disputes, rather than continuing to trial.

“The introduction of the Arbitration List will ensure consistency and timeliness and the determination of such applications will be given considered priority. While arbitration has traditionally and commonly been used in commercial litigation, our Courts are very keen to support the wider use of arbitration in family law for property matters.”


This story was originally published in Proctor June 2020.

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