Commonwealth Consolidated Acts

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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.

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