GOH & REN

Case

[2020] FCCA 3230

26 June 2020


Details
AGLC Case Decision Date
GOH & REN [2020] FCCA 3230 [2020] FCCA 3230 26 June 2020

CaseChat Overview and Summary

The Honourable Justice Harman considered a question of law posed by an arbitrator in a family law matter between GOH and REN. The dispute concerned the authority of an arbitrator, appointed under section 13E of the *Family Law Act 1975* (Cth), to issue certificates under section 128 of the *Evidence Act 1995* (Cth).

The central legal issue before the court was whether an arbitrator appointed under the *Family Law Act* possessed the power and authority to issue certificates pursuant to section 128 of the *Evidence Act*. This question arose in the context of an ongoing arbitration process.

Justice Harman determined that an arbitrator appointed under section 13E of the *Family Law Act* does indeed have the power and authority to issue certificates under section 128 of the *Evidence Act*. The court's reasoning, though not detailed in the provided text, led to this affirmative conclusion on the question of law.

The matter was adjourned for further mention and directions, with the court noting that the arbitration was proceeding and likely to conclude within a short timeframe. Leave was granted to vacate a further listing upon the registration of the Arbitral Award.
Details

Areas of Law

  • Family Law

  • Evidence

  • Statutory Interpretation

Legal Concepts

  • Jurisdiction

  • Statutory Construction

  • Expert Evidence

  • Procedural Fairness

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