Bakalov & Bakalov

In the case of Bakalov & Bakalov, the husband challenged the arbitral award, which was made pursuant to a proceeding under the Family Law Act 1975. The husband sought to have the award stayed, to be restrained from executing the award, to set aside certain findings, and to adjust the division of assets. The wife, on the other hand, sought to dismiss the husband's application and sought indemnity costs.

The legal issues before the court were whether the husband's application for review of the arbitral award under s 13J of the Family Law Act was valid and if any of the grounds under s 13K(2)(a) to (d) were met to vary the arbitral award. The court examined the husband's arguments and submissions, which did not rely on any of the grounds under s 13K(2) to vary the award. The court found that the husband's application for review of the arbitral award failed, as the arbitrator did not err in exercising his discretion or in applying relevant principles.

In summary, the court dismissed the husband's application for review of the arbitral award and lifted the stay order previously made. The court ordered that if either party wished to be heard on costs, they must file and serve written submissions by specified dates, and a determination on costs would be made on the papers.

This case highlights the importance of properly invoking relevant sections of the Family Law Act and making out a valid basis for review or variation of an arbitral award. The court's decision underscores the need for clear and specific grounds for challenging an arbitral award in family law proceedings.