ARBITRATION

What is Arbitration?

Arbitration is for financial matters only and is a more cost-effective and efficient alternative to litigation.

The Arbitrator determines an outcome to the dispute (after reading the evidence and hearing submissions and/or cross-examination) and makes an award which brings an end to the dispute. The issues in dispute are determined according to the relevant family law and applicable cases. The award, once registered with the court, has the same binding and enforceable effect as an order made by the court.

Litigants in the public court system are experiencing significant delays, often as a result of increasing demands on Judges and other Judicial Officers, and limited resources that can be provided to the cases. Arbitration provides an alternative to the strained public litigation system.

The Arbitration process.

Step 1

Booking

Check availability and once agreed with the other party, book in a date for the Arbitration.

Step 2

Pre-Arbitration conference

The Arbitrator will hold a conference with the lawyers and/or parties to check if the matter is ready for Arbitration and to discuss how the Arbitration will run. If the matter is not considered ready, the Arbitrator will make directions for further preparation.

Step 3

Agreement

Once the arrangements for the Arbitration have been set, sign an Arbitration Agreement.

Step 4

The Arbitration

The Arbitration will be conducted in person or by video in accordance with the arrangements discussed at the pre-arbitration conference and in the Arbitration Agreement.

Step 5

The Award

The written Award, i.e. the decision, will be issued within 4 weeks and released by email.

Step 6

Registration

If desired, a party can proceed to register the Award with the Court.

The benefits of Arbitration.

  • Unlike the Court process, the parties choose their decision maker

  • The Arbitrator can determine part or all of the dispute

  • A neutral, independent and experienced third party, ie. a specialist Family Lawyer, makes the decision based on the Family Law Act and relevant case law

  • Saves time, money and stress related to protracted litigation

  • The Arbitration hearing is conducted in private and is confidential

  • Parties are in control of the timing and degree of formality in the process

  • If the matter is ready for the Arbitration, it can be arranged quickly

  • The award, ie. the decision, is delivered very quickly (within 4 weeks)

  • A mutually convenient venue can be arranged for the Arbitration to take place

Why choose us for your Arbitration?

Belinda Crawford and Joanne Chayna each have over 15 years’ experience working in the Federal Circuit & Family Court of Australia. Lorna Sproston practiced at the NSW Bar for over a decade and appeared before the Court on a weekly basis. Given this background and experience, our Arbitrators have extensive experience in the reading and analysis of evidence and application of the law to the case and issues in dispute. Our Arbitrators deliver prompt and comprehensive awards, usually within 4 weeks of the conclusion of the Arbitration and are available for shorter or “on the paper” Arbitrations, as well as more lengthy Arbitrations. Using their experience to assist in making directions to prepare the matter for determination, we offer a comprehensive and tailored service to ensure the Arbitrations are well prepared and able to be dealt with efficiently and professionally.

Arbitration packages.

Arbitration on papers

$1,500incl. GST per party $3,000 in total.
  • Reading of all of the material
  • Award writing
  • No hearing or oral submissions

Half day arbitration

$2,200incl. GST per party or $4,400 in total.
  • Pre-arbitration conference of up to 1 hour by video or telephone
  • Reading of all of the material
  • Short oral submissions of up to half a day, ie. 4 hours, in person or by video.
  • Award writing

One day arbitration

$3,300incl. GST per party or $6,600 in total.
  • Pre-arbitration conference of up to 1 hour by video or telephone
  • Reading of all of the material
  • Arbitration from 9.30am-5pm in person or by video
  • Award writing

Two day arbitration

$4,950incl. GST per party or $9,900 in total.
  • Pre-arbitration conference of up to 1 hour by video or telephone
  • Reading of all of the material
  • Arbitration of up to 2 days from 9.30am-5pm each day in person or by video
  • Award writing

Additional fees.

  • Additional time needed for pre-arbitration events or arbitration beyond 5pm, if available, is charged at $770 per hour incl GST.
  • Each additional arbitration day beyond 2 days is charged at $3,300 per day incl GST.
  • If a venue is required, this can be arranged and charged to the parties at cost.

Cancellation policy.

Objectives and background.

Unfortunately, when a cancellation or postponement is requested without giving adequate notice, it prevents other clients from being served.  This cancellation policy is used as a way of respecting the time commitment of all involved.  It explains the process for requesting a cancellation and the applicable cancellation fees.  This policy is used in fairness to both our business and the clients who would otherwise have wanted an appointment.

Cancellation process.

We understand situations can arise in which you must cancel or postpone your scheduled event. Due to limited appointment availability, we request that we are provided with adequate notice as this allows us to fill that appointment slot.

You may cancel by contacting us via:

  1. Phone: 1300 164 164; or
  2. Email: admin@separationsolutions.com.au

If no prior notice is given, or the notice is not provided within the minimum notice period of 14 days prior, you will be charged a cancellation fee for the missed appointment as per the cancellation fee schedule below.

Cancellation fee schedule.

Notice given Cancellation fee
Greater than 14 days Nil
Within 14 days 20% of event fee (10% per party)
Within 72 hours 50% of event fee (25% per party)

Invoicing and payment.

When applicable, cancellation fee invoices will be issued immediately upon notification of cancellation and are payable within 7 days. The fee is apportioned equally between the parties, unless alternate arrangements are made and agreed in writing.