JANCOS & ABELAS

In the matter of *Jancos & Abelas*, Judge Harman of the Family Court of Australia considered an application by Mr Abelas to set aside an arbitral award, which had previously been registered by the Court with his consent or without objection. Ms Jancos sought the enforcement of this award.

The central legal issues before the Court were the circumstances under which an arbitral award registered under the *Family Law Act 1975* (Cth) could be reviewed or set aside, and the grounds for such review. The Court also considered the matter of costs, specifically party/party costs, in light of the parties' financial circumstances and conduct, particularly the respondent's lack of success in the proceedings.

Judge Harman dismissed Mr Abelas's application to set aside the arbitral award. The Court reasoned that the grounds for setting aside or reviewing an award under the Act were not met in this instance, especially given the prior consent to registration. The Court ordered Mr Abelas to pay $15,962.20 towards Ms Jancos's costs, to be a charge upon his interests in the proceeds of sale of specified properties and deducted from his share of those proceeds before distribution. The Court also made orders regarding the return or destruction of exhibits and subpoenaed material upon the expiry of the appeal period.