As an agent of the Federal Circuit and Family Court of Australia (FCFCOA), we are committed to conducting Arbitrations with procedural fairness and delivering just, quick and cost-effective resolution of the real issues in the proceedings.
What is Arbitration?
Arbitration is defined under section 10L of the Family Law Act 1975 (Cth) as a process (other than the judicial process) in which parties to a dispute present arguments and evidence to an Arbitrator, who makes a determination to resolve the dispute.
Two types of Arbitration
1. COURT ORDERED ARBITRATION
Arbitration is a voluntary and consensual process. Parties agree on who is to be appointed as the Arbitrator and with the consent of all parties, the Court makes an Order under section 13E of the Family Law Act 1975 (Cth) referring Part VIII proceedings or Part VIIIAB proceedings to Arbitration.
2. PRIVATE ARBITRATION
Parties may also on their own volition undertake private Arbitration.
What types of matters can be arbitrated?
Generally, only property disputes between parties to a marriage or a de facto relationship can be arbitrated. Parenting and/or child support proceedings cannot be dealt with in an Arbitration.
Our accredited Arbitrator can make a binding determination on the following issues in accordance with the Family Law Act 1975 (Cth):
- Part VIII, Part VIIIA proceedings (property, spousal maintenance and maintenance agreements; financial agreements made pre, during or post marriage);
- Part VIIIAB proceedings (financial matters relating to de facto relationships);
- Part VIIIB proceedings (superannuation agreements);
- Section 106A proceedings (execution and compliance with Court Orders);
- Any part of such proceedings;
- Any matter arising in such proceedings; or
- A dispute about a matter with respect to which such proceedings could be instituted.
Why use Arbitration and why choose Genesis Edge?
JUST AND Equitable RESOLUTION
At Genesis Edge, we believe in ‘justice must not only be done, but must also be seen to be done.’
As an Arbitrator, accredited by the Australian Institute of Family Law Arbitrators and Mediators, our Director- Ellen Pei whole-heartedly promotes speedy delivery of justice and aims to achieve the objectives of the Federal Circuit and Family Court of Australia.
As an agent of the Court, Ellen can determine a property dispute on a final basis and provide speedy justice and disposal of Family Law cases at the earliest. She is committed to conducting an Arbitration with procedural fairness allowing each party a fair opportunity to be heard and to respond to matters in dispute. She ensures that her impartiality is maintained and that the parties’ right to appear, to be heard, to produce evidence personally or via their legal representation is protected and upheld.
At the conclusion of Family Law Arbitration, the parties are provided with an arbitral Award. The Award sets out the Arbitrator’s reasons for making the Award and the findings of fact in the matter. Ellen guarantees that a written decision/ an Award after the conclusion of the hearing will be produced to the parties within twenty-eight (28) days of the hearing so as to bring an end to the dispute. This is significantly more efficient than the Court process which can take months after the conclusion of a final hearing. Ellen’s decision as an Arbitrator is binding as if it were an Order made by the Court once the Award is registered with the Court in accordance with section 13H of the Family Law Act.
quick, flexible, voluntary and confidential process
Unlike a court proceeding, the process of Arbitration is confidential. All parties involved are subject to a private arbitration agreement. Usually, hearings are conducted in private and are not open to the public. All materials relied upon by the parties do not have to be filed and stored in Court.
Provided that the parties consent to Arbitration, our accredited Arbitrator when nominated by the parties, will hold a Directions Hearing where she will direct the parties to serve documents in preparation for a hearing. The process of Family Law Arbitration is similar to a court hearing. It involves a mutually appointed Arbitrator being the decision maker doing the job of judge would normally do at a Court hearing.
The parties have a high level of control over the process of Arbitration and can choose who conducts Arbitration, when and how Arbitration is done. The flexibility and autonomy of the arbitral process allow all parties involved to act in good faith by identifying potential financial disclosure issues from the outset and the parties are encouraged to reduce delays and additional costs. The parties can decide the scope of the disputes, the applicable Arbitration procedural rules. For example, the parties can decide what rules of evidence may apply. Litigants may wish to utilise Arbitration to resolve one matter in a dispute such as the valuation of an asset; or they may choose to deal with multiple issues of fact that the Court must determine for the purpose of facilitating settlement and avoiding litigation.
As part of the legal obligations imposed upon an Arbitrator, he or she must produce a written decision within the period of days specified in the arbitration agreement. Arbitrators are not entitled to be paid in full until such an Award is issued, hence Arbitration can result in a quicker determination than via a court hearing.
At Genesis Edge, we offer fixed fee Arbitration services that are competitive. Our fees are GST inclusive, and we offer:
- Free recording of the proceedings that can be provided to the litigants;
- No room hire fees;
- Our fee for one day Arbitration is $3,500 (not exceeding seven (7) hours);
- Additional days are just $3,300 per day;
- Immediate availability for any Arbitrations;
- Flexible bookings around your schedule; and
- Award delivered within twenty-eight (28) days of the hearing.
Can I challenge the Arbitrator’s decision if I am unsatisfied with the Award?
If a party seeks for an Award to be set aside or varied, he or she will generally have a limited right to appeal. A review of an Award is generally available on the basis of an error of law only. The error may be that the Award:
- was obtained by fraud (including non-disclosure);
- is void, voidable or unenforceable;
- was affected by bias or lack of procedural fairness;
- was correctly determined, but a change in circumstances is so significant that the Award is impractical to be carried out.
Please contact us if you have any questions about Family Law Arbitration.
We welcome all briefs from litigants directly and/or from legal practitioners who wish to assist their clients through a just, quick and cost-effective Arbitration process rather than via a Court.