McLaughlin & McLaughlin

In the case of McLaughlin & McLaughlin, the applicant, Ms McLaughlin, sought a review of an arbitral award under sections 13J and 13K of the Family Law Act 1975 (Cth). The arbitral award was registered in the Federal Circuit and Family Court of Australia (Division 1), and the application for review was lodged in Division 2. The court was required to determine whether it had the jurisdiction to review the arbitral award and whether the applicant had sufficiently particularised the questions of law upon which the review was sought. Additionally, the court had to examine the merits of the grounds of review advanced by the applicant.

The court first addressed the jurisdictional issue, confirming that it did not have jurisdiction to review the arbitral award registered in Division 1 under section 13K. Consequently, the review proceedings were conducted solely pursuant to section 13J. The court then assessed whether the applicant had particularised the questions of law for review. The applicant argued that the arbitrator erred by refusing her application to adjourn the arbitration proceedings to peruse the husband’s late-filed evidence, which she claimed was a matter of procedural fairness. The court found that both parties had mutually agreed to the late filing and service of the material, and thus, no error of law was established. The court also examined other grounds of review, which were based on questions of fact or inferences drawn from primary facts, and concluded that these did not constitute errors of law. The court held that the applicant had not established any error on the part of the arbitrator, and therefore, dismissed the application for review.

In light of the dismissal, the court directed the parties to file written submissions regarding the costs of the review proceedings. The applicant was required to submit her written costs application within 14 days of the orders, followed by a reply from the respondent, if desired, within seven days of receiving the applicant’s submissions.