AYDIN & TOH

The Family Court of Australia considered an application by Mr Aydin (the applicant) to register an arbitral award made in property settlement proceedings, which was opposed by Ms Toh (the respondent). The dispute arose after an arbitrator, Malcolm Gittoes-Caesar, made an award dividing the parties' assets 75% to the applicant and 25% to the respondent. The applicant sought to register this award, but the respondent raised several objections.

The court was required to determine whether the respondent had advanced sufficient reasons under Regulation 67Q(3) of the Family Law Regulations 1984 (Cth) to refuse the registration of the arbitral award. The respondent's objections included claims of lack of capacity, misleading information provided by the applicant, false evidence, and a change in circumstances rendering the award unsuitable. The central legal issue was whether these grounds were sufficient to render the arbitration void ab initio, which is the test for refusing registration under Regulation 67Q(3).

Justice Wilson reasoned that the grounds advanced by the respondent did not meet the threshold for refusing registration. Drawing on previous authority, the court held that reasons for refusing registration must demonstrate that the arbitration was void from its inception, such as a lack of consensus, an unqualified arbitrator, or the arbitrator exceeding their mandate. The respondent's arguments, concerning her capacity, the applicant's conduct, and the perceived suitability of the award, were found to relate to the conduct of the arbitration itself. Such issues, if valid, would be grounds for an application to set aside the award under section 13K(2) of the Family Law Act 1975 (Cth) *after* registration, not reasons to prevent registration in the first place.

Consequently, the court ordered the registration of the arbitral award made on 18 November 2020 and dismissed the respondent's opposition to the application. The registered award was deemed to have the effect of a decree made by the Family Court.