BLANCO & BLANCO

In the matter of BLANCO & BLANCO, Judge Harman considered an application concerning costs in a family law property dispute that had proceeded to arbitration. The applicant husband sought orders relating to the arbitration process and costs.

The court was required to determine whether to dispense with certain rules to allow for an oral application by the husband regarding the arbitration, and to consider the reservation of costs for the husband's appearance. Additionally, the court noted the requirements of the family law regulations concerning arbitration agreements and the arbitrator's duty to provide notice of arbitration dates.

Judge Harman made orders in accordance with a Minute of Order, dispensing with rules to permit the husband's oral application and to advance the arbitration. The court reserved the husband's costs for the day, to be determined upon the registration of an arbitral award or other subsequent order. The court also highlighted that while regulation 67F permits parties to make an arbitration agreement, it is not mandatory, and in the absence of such an agreement, the arbitrator has the authority to determine all aspects of the arbitration's conduct. Furthermore, regulation 67G mandates the arbitrator to notify parties of the arbitration date and place, and that proceeding undefended is permissible if such notice is given. The matter was adjourned for further mention and directions.