Application in an arbitration

The Family Law Act 1975 gives the court supervisory powers over family law arbitration: orders to help an arbitration run (s 13F), determining questions of law referred by an arbitrator (s 13G), reviewing a registered award on questions of law (s 13J) and setting aside a registered award on limited grounds such as fraud, the award being void, impracticability, or bias or lack of procedural fairness (s 13K). Division 1.2.6 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 sets out the procedure, and Part 3 of the Family Law Regulations 2024 deals with arbitration. The court's form notes say this form is used only where no other form is specified, and that orders to facilitate a private arbitration use Form 7 instead.

When you need it

• You are a party to a court-ordered arbitration and need orders to help it proceed, such as disclosure or leave to issue subpoenas.
• You want to review a registered arbitral award on a question of law (s 13J), or set it aside (s 13K).
• You are the arbitrator referring a question of law to the court (s 13G).
• Not to start a court-ordered arbitration (Form 6) or for orders in a private arbitration (Form 7).

1. 1

   Front sheet and filing details

   Read and remove the instruction sheet. Tick the court (Division 1, Division 2, Family Court of Western Australia or other), give the name of the person filing and tick applicant, respondent or arbitrator.

2. 2

   Part A - parties to the arbitration

   Names of applicants and respondents, your address for service and email, and the respondent's address.

3. 3

   Part B - the arbitrator

   The arbitrator's name, address for service, phone, email and lawyer's code if applicable.

4. 4

   Part C - orders sought

   State precisely, in numbered paragraphs, the orders you want.

5. 5

   Parts D and E - certification and signature

   Certify the orders are supported by evidence, sign and date, and show who signed and prepared it.

• The court says this form cannot be eFiled. File it at the registry where the matter will be heard, by email or post; addresses are on the Court locations page.
• File an affidavit with it, unless you are the arbitrator referring a question of law (practice direction paras 3.16, 3.18). For a review or set-aside, attach a copy of the award and, for a review, identify the question of law (paras 3.12, 3.14).
• An application for orders under s 13F also needs a signed statement briefly stating the facts (r 1.27).
• Serve the application and affidavit on all other parties and the arbitrator within 7 days (practice direction para 3.21). An arbitrator's referral is given to each party within 7 days (r 1.26(2)).
• A respondent who opposes it files a response and an affidavit or statement within 7 days after being served (r 1.30).

• Check you are using the right form: the court's notes point to Forms 6 and 7 for starting a court-ordered arbitration and for private arbitrations.
• Applications about arbitrations are case managed in the court's National Arbitration List.
• Setting aside an award is only available on the grounds in s 13K(2), so link your evidence to one of them.