KAN & AAMER
Case
•
[2020] FamCA 1014
•4 December 2020
Details
AGLC
Case
Decision Date
KAN & AAMER [2020] FamCA 1014
[2020] FamCA 1014
4 December 2020
CaseChat Overview and Summary
In the matter of *Kan & Aamer*, the applicant sought to register an arbitral award made by Ms C, an arbitrator appointed under the *Family Law Act 1975* (Cth). The respondent opposed the registration of this award.
The central legal issue before the Court was whether there was any basis to refuse the registration of the arbitral award, which had been made pursuant to a referral to arbitration.
Wilson J found that no basis had been shown by the respondent to oppose the registration of the award. The Court therefore made an order nunc pro tunc referring the proceeding to arbitration and, pursuant to section 13H of the *Family Law Act*, registered the arbitral award made on 21 August 2020. The registered award was given effect as if it were a decree made by the Court.
The central legal issue before the Court was whether there was any basis to refuse the registration of the arbitral award, which had been made pursuant to a referral to arbitration.
Wilson J found that no basis had been shown by the respondent to oppose the registration of the award. The Court therefore made an order nunc pro tunc referring the proceeding to arbitration and, pursuant to section 13H of the *Family Law Act*, registered the arbitral award made on 21 August 2020. The registered award was given effect as if it were a decree made by the Court.
Details
Key Legal Topics
Areas of Law
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Family Law
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Statutory Interpretation
Legal Concepts
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Jurisdiction
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Remedies
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Statutory Construction
Actions
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Citations
KAN & AAMER [2020] FamCA 1014
Most Recent Citation
Entezam & Devi [2021] FamCA 25
Cases Cited
14
Statutory Material Cited
2
R v Commonwealth Court of Conciliation and Arbitration and the Australian Tramway Employees' Association
[1920] HCA 82
Emanuele v Australian Securities Commission
[1997] HCA 20
Finlayson v Finlayson and Gillam
[2002] FamCA 898