Document ID: chunk:federal_register_of_legislation:F2024C00519:reg:4:p43
Version: federal_register_of_legislation:F2024C00519
Segment Type: reg
Provision Reference: reg 4 (pt 43/154)
Character Range: 318315–321025

A party may apply to the Court for an order:
 (a) terminating a mediation or ADR process; or
 (b) terminating the appointment of a mediator or suitable person.

28.05  Parties may refer proceeding to mediation, arbitration or ADR process
 (1) Nothing in this Division prevents the parties to a proceeding referring the proceeding to:
 (a) an arbitrator, in accordance with an arbitration agreement for arbitration; or
 (b) a mediator for mediation; or
 (c) a person to conduct an ADR process.
 (2) However, if the parties refer the proceeding under subrule (1), the applicant must, within 14 days of the referral, apply to the Court for directions as to the future management and conduct of the proceeding.
Rules 28.06–28.10 left blank

Division 28.2—Arbitration

28.11  Appointment of arbitrator
 (1) If the Court makes an order referring a proceeding, or part of a proceeding, to arbitration, a party may apply to the Court for any of the following orders:
 (a) nominating a person as arbitrator;
 (b) specifying the manner in which the arbitration is to be conducted;
 (c) specifying the time by which the arbitration is to be completed;
 (d) specifying how the arbitrator's fees and expenses are to be paid;
 (e) specifying how the arbitrator's report on the proceeding, part of the proceeding or any matter arising out of the proceeding is to be reported to the Court.
Note: An order referring a proceeding to an arbitrator may be made only with the consent of the parties—see section 53A of the Act.
 (2) A nomination under paragraph (1)(a) must be accompanied by the arbitrator's written consent to the appointment.

28.12  Applications by interlocutory application
  The following applications must be made by interlocutory application in the proceeding in which the order was made referring the proceeding to arbitration:
 (a) an application by an arbitrator under section 53AA of the Act; or
 (b) an application by a party under section 53AB(2) of the Act.

28.13  Applications for registration
 (1) If a proceeding has been referred to arbitration under rule 28.02 and an award has been made, a party to the arbitration may apply to the Court for an order that the arbitrator's award be registered.
 (2) The application must be made by interlocutory application in the proceeding in which the order was made referring the proceeding to arbitration.
 (3) The application must be accompanied by:
 (a) a copy of the award; and
 (b) an affidavit stating:
 (i) the extent to which the award has not been complied with, at the date the application is made; and
 (ii) the usual or last‑known place of residence or business of the person against whom it is sought to enforce the award or, if the person is a