Section 171 — Federal Circuit and Family Court of Australia Act 2021: Power of arbitrator to refer question of law to the Federal Circuit and Family Court of Australia (Division 2)

(1) If: (a) any proceedings in the Federal Circuit and Family Court of Australia (Division 2), or any part of them or any matter arising out of them, has been referred under subsection 170(1) to an arbitrator for arbitration; and (b) the arbitrator has not made an award in respect of the arbitration; and (c) a party to the arbitration has requested the arbitrator to apply to the Court for leave to refer to the Court a question of law arising in the arbitration; the arbitrator may apply to the Court or a Judge for leave to refer the question to the Court. (2) The Federal Circuit and Family Court of Australia (Division 2) or a Judge must not grant leave unless satisfied that the determination of the question of law by the Court might result in substantial savings in costs to the parties to the arbitration. (3) If: (a) the Federal Circuit and Family Court of Australia (Division 2) or a Judge grants leave; and (b) the arbitrator refers the question of law to the Court; the Court must determine the question of law.