Section 162 — Federal Circuit and Family Court of Australia Act 2021: Referral of question of law—dispute resolution process (other than arbitration)

(1) If the Federal Circuit and Family Court of Australia (Division 2) makes an order, or gives a direction, under this Chapter or any other law of the Commonwealth: (a) referring any or all of the matters in dispute in proceedings before it for a dispute resolution process (other than arbitration); or (b) referring any proceedings before it, or any part of them or any matters arising out of them, for a dispute resolution process (other than arbitration); or (c) requiring either or both of the parties to a proceeding before it to attend a dispute resolution process (other than arbitration); a party to the dispute resolution process may make an application to the Court for determination of a question of law arising out of the proceedings. (2) An application under subsection (1) must be accompanied by a statement that: (a) is signed by the person (the eligible person) conducting the dispute resolution process; and (b) states that the eligible person consents to the making of the application; and (c) states that the eligible person is of the opinion that the determination of the question of law by the Federal Circuit and Family Court of Australia (Division 2) is likely to assist the parties in reaching agreement about any or all of the matters in dispute in the proceedings. (3) If an application is made under subsection (1), the Federal Circuit and Family Court of Australia (Division 2) may determine the question of law. (4) If the Federal Circuit and Family Court of Australia (Division 2) determines a question of law under subsection (3), the determination is binding on the parties to the proceedings concerned.