Commonwealth Consolidated Acts

FEDERAL MAGISTRATES ACT 1999 - SECT 36

             (1)  If:

                     (a)  any proceedings in the Federal Magistrates Court, or any part of them or any matter arising out of them, has been referred under subsection 35(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 Federal Magistrates Court for leave to refer to the Federal Magistrates Court a question of law arising in the arbitration;

the arbitrator may apply to the Federal Magistrates Court or a Federal Magistrate for leave to refer the question to the Federal Magistrates Court.

             (2)  The Federal Magistrates Court or a Federal Magistrate must not grant leave unless satisfied that the determination of the question of law by the Federal Magistrates Court might result in substantial savings in costs to the parties to the arbitration.

             (3)  If:

                     (a)  the Federal Magistrates Court or a Federal Magistrate grants leave; and

                     (b)  the arbitrator refers the question of law to the Federal Magistrates Court;

the Federal Magistrates Court must determine the question of law.