Document ID: chunk:federal_register_of_legislation:F2024L01638:reg:145
Version: federal_register_of_legislation:F2024L01638
Segment Type: reg
Provision Reference: reg 145
Character Range: 176884–179357

145  Arbitration matters

Requirement for name to be included in list of arbitrators
 (1) To avoid doubt, a person meets the requirement in subsection 21(2) on the commencement of this instrument if, immediately before that commencement, the person's name is included in the list mentioned in that subsection.

Application of additional safeguards
 (2) Subject to subsection (3), sections 26 and 27, as in force on the commencement of this instrument, apply in relation to the arbitration of a dispute, proceedings or a matter under the family law, whether the dispute, proceedings or matter started before, on or after the commencement of this instrument.
 (3) Sections 26 and 27, as in force on the commencement of this instrument, do not apply to the arbitration if, before the commencement of this instrument:
 (a) the parties to the arbitration have made an arbitration agreement under regulation 67F of the Family Law Regulations 1984; or
 (b) each party to the arbitration has been given a notice by the arbitrator under regulation 67G of the Family Law Regulations 1984; or
 (c) an order has been made under subsection 13E(1) of the Act in relation to the arbitration.
 (4) Instead, despite the repeal of the Family Law Regulations 1984, regulations 67F and 67G of that instrument, as in force immediately before the commencement of this instrument, continue to apply in relation to the arbitration.

Registration of award made in arbitration
 (5) Subject to subsection (6), section 37, as in force on the commencement of this instrument, applies in relation to the registration, on and after the commencement of this instrument, of an award made in arbitration, whether the award was made before, on or after the commencement of this instrument.
 (6) Subsections 37(1) to (4), as in force on the commencement of this instrument, do not apply in relation to the registration, on and after the commencement of this instrument, of an award made in arbitration if:
 (a) before the commencement of this instrument, a party brings a matter to the court's attention under subregulation 67Q(3) of the Family Law Regulations 1984: and
 (b) as at that commencement, the court has not made a determination whether to register the award.
 (7) Instead, despite the repeal of the Family Law Regulations 1984, regulation 67Q of that instrument, as in force immediately before the commencement of this instrument, continues to apply in relation to the registration of the award.