​Arbitrator

François is a registered arbitrator, within the meaning of section 10M of the Family Law Act 1975 (Cth), and qualified under the provisions of Regulation 67B of the Family Law Regulations 1984 (Cth).

As an arbitrator, François is a neutral and unbiased third party, whose role is to conduct the arbitration with procedural fairness and make determinations on the evidence adduced during the arbitration process.

Importantly, as an arbitrator, François cannot provide advice to the parties, nor provide representation to either party during or after the arbitration. It is important, before any arbitration begins, that the parties engage a lawyer.

François holds a Bachelor of Laws (Honours) and a Master of Laws (Dispute Resolution) from The University of Queensland.

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About Arbitration

Arbitration is an alternative form of dispute resolution to the more formal option of litigation. Arbitration allows parties to have their financial disputes determined by an arbitrator, an independent third party who has completed specialist arbitration training and is an experienced family law practitioner.

Family Law Arbitration is confined to property disputes and does not include disputes involving children or child support.

The arbitrator has responsibility for the conduct of the arbitration, usually with a similar level of formality to court hearings, and to that end will make directions throughout the course of the arbitration.

The parties to the arbitration have the right to be heard and produce evidence, and may appear personally or through their lawyers, who make submissions and adduce evidence to the arbitrator.

The parties may rely on written statements and, subject to the directions of the arbitrator, lead oral evidence from witnesses including expert witnesses. At the direction of the arbitrator, the parties must make themselves and such witnesses available for cross-examination. The arbitrator gives directions on the testing of evidence through cross-examination.

There are advantages to arbitration over litigation:

• Arbitration is a quicker process, with the process being organised in accordance with the availability of the parties and the arbitrator;
• Arbitration is a cost-effective process, without the ongoing legal costs of litigation; and
• Arbitration is conducted with less formal protocol or procedures.

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Choosing the Arbitrator

In determining who will be the arbitrator of a particular dispute, the following considerations may assist in making this decision:

• The arbitrator's experience in conducting arbitrations;
• The arbitrator's expertise in Family Law;
• The arbitrator's training and any other credentials in arbitration;
• The arbitrator's education and professional background;
• The arbitrator's references and reputation for neutrality, competency and professionalism; and
• The location of the arbitrator, in an area convenient to the parties.

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Preparing for Arbitration

Before attending the mediation, each party should prepare to the same extent that they would if attending court for the determination of the dispute.

The parties will usually rely on their legal representatives to prepare submissions and evidence to be adduced to the arbitrator, as well as ensuring that witnesses are available for cross-examination.

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The Arbitration Process

Before commencing the arbitration process, it is necessary for parties to enter into an agreement to arbitrate the dispute, or otherwise obtain an order from the Family Court referring the matter to arbitration, pursuant to section 13E of the Family Law Act 1975 (Cth).

The Planning Meeting (also referred to as the Pre-Hearing Conference) is when the parties with their lawyers meet with the arbitrator to create an Arbitration Plan for the following purposes:

• Establish the rules of the arbitration;
  
• Design the arbitration process (whether on the papers or by way of hearing); and
  
• Decide numerous practical matters (such as the venue for and date of the arbitration).

The arbitration is then conducted by the arbitrator in accordance with the Arbitration Plan.

The arbitrator must then produce a written determination with reasons called an award, so as to finally determine the issues between the parties. This award is provided to the parties. 
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It is a matter for the parties to register the award if they wish. A registered award is binding on and enforceable against the parties in a manner similar to an order of the Court.

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Arbitration Fees

Please note that the fees detailed below serve only as a guide and are superseded by any Costs Agreement into which François enters with the parties and/or their solicitors.

Arbitration on the Papers
Planning Meeting (includes the preparation of the Arbitration Plan):

• $600 (ex. GST)

Arbitration of a Standard Matter (where reading all material and submissions, and determining and producing a written award may be completed within  single day):

• $4,200 (ex. GST)

Arbitration of a Complex Matter (where the extent and complexity of material is such that reading all materials and submissions, and determining and producing a written award requires more than a single day):

• $4,200 (ex. GST) for the first day
• $2,300 (ex. GST) per day or part thereof thereafter

Arbitration Hearings
Planning Meeting (includes the preparation of the Arbitration Plan):

• $600 (ex. GST)

Hearing Fee (includes the reading and consideration of material to be relied on at the hearing):

• $3,500 (ex. GST)

Award-writing Fee (to be estimated at Planning Meeting and confirmed after final day of hearing):

• $3,800 (ex. GST) per day or part thereof

Other costs:

• Venue: at cost
• Transcription: arranged and paid directly by the parties