Form 8 - Application to register arbitration award

Under section 13H of the Family Law Act, a party to an award made in family law arbitration may apply to register it in the court that ordered the arbitration or, for other arbitrations, a court with jurisdiction under the Act. A registered award has effect as if it were a decree of that court. Section 37 of the Family Law Regulations 2024 says the application must be in Form 8 in Schedule 3, the applicant must serve a copy on each other party to the award, and the court must register the award if the requirements are met and then notify the parties of the date and place of registration. The award itself must contain the arbitrator's reasons and findings of fact, be typewritten and be in a single document (s 36). Once registered, a party can enforce the award as if it were an order under the Act (s 38).

When you need it

• A family law arbitrator has made an award in a property or financial arbitration and you want it to have the force of a court order.
• You are a party to the award (any party, or the parties jointly, may apply: Practice Direction para 6.1).
• You have a copy of the award including the arbitrator's reasons.

1. 1

   Heading

   Tick the court (Division 1, Division 2, Family Court of Western Australia or other), give the full name of the party filing and tick Applicant, Respondent or Other.

2. 2

   Part A - parties

   Give the names of each applicant, each respondent and any other parties to the award. The arbitrator is not a necessary party (Practice Direction para 6.2).

3. 3

   Items 3 and 4 - service and solicitor details

   Give the postal address for service, phone and email for each applicant, and the solicitor's name, firm, address and lawyer's code if represented.

4. 4

   Part B - details of the award

   Briefly describe the award, including the date it was made and the arbitrator's name and address, in numbered paragraphs, and attach a copy of the award.

5. 5

   Part C - signature

   Sign and date, and tick who signed and who prepared the application.

• File Form 8 with a copy of the award including the reasons (Practice Direction paras 6.3-6.4). A filing fee may apply; check the court's fee schedule.
• Serve Form 8 and the award on all other parties and on the arbitrator within 14 days of filing, and file an affidavit of service within 7 days of service (Practice Direction paras 6.5-6.7; Regulations s 37(3)).
• If no respondent files a Response to an Application in an Arbitration opposing registration within 28 days of service, the court registers the award and notifies the parties (Practice Direction para 6.8). An opposing respondent files that response with an affidavit within 28 days (para 7.2).

• File the award and the reasons as one document. The Regulations require a single typewritten document with reasons and findings of fact (s 36(2)-(3)).
• Diarise the 14-day service deadline. Registration does not happen until the 28-day response period after service has passed.