FEDERAL CIRCUIT COURT OF AUSTRALIA
| PAVIC & PAVIC | [2018] FCCA 3386 |
| Catchwords: FAMILY LAW – Arbitration – where the wife objects to the registration of the arbitral award – where the bases for objection to the registration of the arbitral award are not specified within the Family Law Act 1975 – reference to the Commercial Arbitration Act 2010 as a grounds for objection to registration of the arbitral award – consideration of the circumstances in which the Court should set aside or review an arbitral award – determination of costs with respect to the arbitration. |
| Legislation: Family Law Act 1975 ss.10L, 10M, 13E, 13K, 13J, 117 pt.XV Family Law Regulations 1984 regs.67B, 67I, 67P, 67Q |
| Cases cited: Braddon & Braddon [2018] FCCA 1845 TCL Air Conditioner (Zhongshan) Co Ltd v The Judges of The Federal Court of Australia & Anor [2013] HCA 5 Other articles cited: |
| Applicant: | MR PAVIC |
| Respondent: | MS PAVIC |
| File Number: | PAC 3217 of 2017 |
| Judgment of: | Judge Harman |
| Hearing date: | 13 November 2018 |
| Date of Last Submission: | 13 November 2018 |
| Delivered at: | Parramatta |
| Delivered on: | 13 November 2018 |
REPRESENTATION
| Counsel for the Applicant: | Mr Wong of Counsel |
| Solicitors for the Applicant: | Kenny Spring Solicitors |
| Solicitors for the Respondent: | Mr Hartley of McNamara & Associates |
ORDERS
The Arbitration Award of Mr Jeffrey David dated 22 August 2018, is registered as it if…
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- Pavic & Pavic [2018] FCCA 3386
- Case
- [2018] FCCA 3386
- Decision Date
CaseChat Overview and Summary
The court was required to determine whether the arbitration award should be registered as a decree of the Federal Circuit Court of Australia, notwithstanding the wife's objections. Further, the court needed to consider the appropriate disposition of costs related to the objection and review of the award, as well as the costs of the arbitration itself.
Judge Harman ordered that the arbitration award be registered as if it were a decree of the Federal Circuit Court. All outstanding applications and responses were withdrawn and dismissed. The wife was ordered to pay the husband's costs of and incidental to the objection to registration and/or review of the award, fixed at $5,000, to be paid within 42 days. The court further declared that the costs of the arbitration itself were to be determined by the arbitrator, as they formed a portion of the dispute or a necessary ancillary issue arising from the referral of the entirety of the Part VIII proceedings.
Orders
Orders of the court
1.
The Arbitration Award of Mr Jeffrey David dated 22 August 2018, is registered as it if were a Decree of the Federal Circuit Court of Australia.
2.
All outstanding Applications and Responses are withdrawn and dismissed and all issues are removed from the list of matters awaiting hearing.
3.
The wife shall pay the husband’s costs of and incidental to the determination of objection to registration of the arbitral award and/or review/setting aside of the arbitral award pursuant to sections 13J and 13K of the Family Law Act 1975, such costs fixed in the sum of $5,000 and to be paid by the wife to the husband within 42 days of today’s date.
4.
Declare that the issue of costs with respect to the conduct of the arbitration leading to and including the delivery of the arbitral award dated 22 August 2018 are costs which must properly be determined by the arbitrator representing a portion of the dispute or a necessary ancillary issue arising from the referral of the totality of the Part VIII proceedings between the parties.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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