Form 9 - Application to register decree affecting registered arbitration award

Once a family law arbitration award is registered under section 13H of the Family Law Act, a court can later change its effect. Under section 13J a party may seek review of a registered award on questions of law, and the court may make decrees including affirming, reversing or varying it. Under section 13K the court where the award is registered may affirm, reverse or vary it on limited grounds, such as fraud (including non-disclosure), the award being void, voidable or unenforceable, changed circumstances making it impracticable to carry out, or bias or lack of procedural fairness. Section 39 of the Family Law Regulations 2024 then requires the party who registered the award to apply, in Form 9 in Schedule 3, for registration of the decree in the court in which the award is registered.

When you need it

• A court has made a decree under section 13J or 13K of the Family Law Act about an award that is registered.
• You are the party who registered the award: section 39(1) places the obligation on that party.
• You have a copy of the decree.

1. 1

   Heading

   Tick the court where the award is registered (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

   Name each applicant, each respondent and any other parties to the award.

3. 3

   Items 3 and 4 - service and solicitor details

   Give the postal address for service, phone and email for each applicant, and solicitor details if represented.

4. 4

   Part B - details of the decree

   In numbered paragraphs, describe the decree and the award it affects, including the date the decree was made and the name and address of the arbitrator who made the award. Attach a copy of the decree.

5. 5

   Part C - signature

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

• File Form 9 in the court in which the award is registered (Regulations s 39(1)), with a copy of the decree. A filing fee may apply.
• Section 39 does not set a separate service rule, unlike section 37(3) for Form 8. Check the Family Law Practice Direction - Arbitration and give the other parties to the award a copy so the court file and their records match.
• Applications to review or set aside a registered award are made separately, by an Application in an Arbitration (Practice Direction paras 3.11-3.14). Form 9 comes after the decree is made.

• Use the same court file as the registered award so the decree sits with it.
• Describe exactly which parts of the award the decree changes, so anyone enforcing the award knows what now applies.