Registering your property settlement arbitration award

How to apply

You can apply to register your arbitration award yourself (sole application), or by joint application with your ex-partner.

To do this, you must complete and file a Form 8 – Application to register arbitration award. You must file a copy of the arbitration award and the reasons for the award with your application.

You can get a copy of this form from the Family law forms page on the Federal Circuit and Family Court of Australia website.

Serving your ex-partner

If you are making a sole application, you must serve your ex-partner and the arbitrator with a copy of your filed documents within 14 days of filing them.

You can do this:

• in person
• by post.

You must file a completed Affidavit of service within seven days of serving your ex-partner, to prove that you have served them correctly.

You can get a copy of this form from the Family law forms page on the Federal Circuit and Family Court of Australia website.

You don’t have to serve anyone if you and your ex-partner are making a joint application to register your award. 

Responding to an application to register your award

If you don’t want your award to be registered with the court, you can file a response opposing your ex-partner’s application.

To do this, you need to complete and file:

• a Response to an Application in an Arbitration
• an Affidavit - Family law and child support.

You must file your documents within 28 days of being served with your ex-partner’s application. If you don’t file a response within 28 days, the court must register your award. Once your award has been registered, your ex-partner will be able to enforce the award if you don’t comply with it.

If you want to oppose the registration of an arbitration award, you should get legal advice.

Registration

If you file a joint application, the court must register your arbitration award provided you have followed the correct procedure.

If you file a sole application, the court must register your award where:

• your ex-partner doesn’t file a response within 28 days, and
• you have followed the correct procedure, including serving your ex-partner and the arbitrator.

The court must notify you and your ex-partner once your award is registered. This notice will tell you the state and place where your award was registered.

If your ex-partner does file a response to your sole application within 28 days, the court will set a date to hear the matter.

Enforcing an arbitration award

Once your arbitration award has been registered, it can be enforced like property settlement orders. The process of applying to enforce an arbitration award is the same as applying to enforce property settlement orders.

For more information, see Finances and property: Compliance and enforcement on the Federal Circuit and Family Court of Australia website.