Application in an arbitration

Family Law Regulations 2024 - Part 3

This form is used by a party to an arbitration (or in certain circumstances, the arbitrator) to make an application with respect to an arbitration, including seeking:

  • Orders to facilitate the effective conduct of a court ordered arbitration;
  • The review of the registration of an arbitral award; or
  • An order setting aside an arbitral award.

An arbitrator may use this form to refer a question of law to the Court.

For orders to facilitate the effective conduct of a private arbitration, Form 7 – Application relating to relevant Property or Financial Arbitration must be used.

  • If you are a party to the arbitration or the Arbitrator and seeking orders you can only file this form if the Family Law Act 1975 (Cth) (Family Law Act), Family Law Regulations 2024 (Cth) (Family Law Regulations) and Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Family Law Rules) do not specify that a different form must be used: see Part IIIB-Div 4 ss 13E-13K inclusive of the Family Law Act, Family Law Regulations, Part 3 – Arbitration, and Family Law Rules, Division 1.2.6.
  • You must file an Affidavit with this application unless you are the arbitrator referring a question of law to the Court.
  • For more information see the Family Law Practice Direction – Arbitration.

This form must be filed at the Court registry where the matter is being heard. Matters filed in NSW or the ACT will generally be heard in Sydney, matters filed in QLD will generally be heard in Brisbane, and matters filed in VIC will generally be heard in Melbourne. This form cannot be eFiled on the Commonwealth Courts Portal. For a list of the filing email addresses and postal addresses see Court locations.