Braddon & Braddon

Case

[2018] FCCA 1845

9 July 2018


Details
AGLC Case Decision Date
Braddon & Braddon [2018] FCCA 1845 [2018] FCCA 1845 9 July 2018

CaseChat Overview and Summary

This matter concerned an application to affirm an arbitral award made between Mr. Braddon and Mrs. Braddon. The application was heard by Judge Harman.

The legal issues before the court were whether the arbitral award should be registered and, if so, whether it should be affirmed. This involved considering the requirements for registration under Regulation 67Q of the Family Law Regulations and the grounds for review or setting aside a registered award under sections 13J and 13K of the Family Law Act 1975.

Judge Harman reasoned that Regulation 67Q did not require a sealed copy of the application to be served and that the 28-day period for objecting to registration commenced upon the filing of the application. The court was satisfied that Mr. Braddon and his legal representatives were aware of the filing of the application. Given this awareness and the absence of any objections brought to the court's attention within the prescribed period, the court found that the award should be registered. Furthermore, no grounds were raised or established that would permit the court to review or set aside the award under sections 13J or 13K of the Family Law Act.

Consequently, the court affirmed the arbitral award, dismissed all extant applications, removed all issues from the list of matters awaiting hearing, and ordered that each party bear their own costs of the proceedings.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Appeal

  • Procedural Fairness

  • Jurisdiction

  • Costs

  • Statutory Construction

Actions
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Cases Citing This Decision

5

CAINE & CAINE (No.2) [2020] FCCA 3473
LOOMIS & PATTISON [2020] FCCA 345
BLANCO & BLANCO (No.2) [2019] FCCA 2458
Cases Cited

14

Statutory Material Cited

11

Kioa v West [1985] HCA 81