Victorian Consolidated Legislation

Commercial Arbitration Act 1984 - SECT 39

Determination of preliminary point of law by Supreme Court

39. Determination of preliminary point of law by Supreme Court



(1) Subject to subsection (2) and section 40, on an application to the Supreme
Court made by any of the parties to an arbitration agreement-

   (a)  with the consent of an arbitrator who has entered on the reference or,
        if an umpire has entered on the reference, with the consent of the
        umpire; or

   (b)  with the consent of all the other parties-

the Supreme Court shall have jurisdiction to determine any question of law
arising in the course of the arbitration.

(2) The Supreme Court shall not entertain an application under subsection
(1)(a) with respect to any question of law unless it is satisfied that-

   (a)  the determination of the application might produce substantial savings
        in costs to the parties; and

   (b)  the question of law is one in respect of which leave to appeal would
        be likely to be granted under section 38(4)(b).

(3) Unless the Supreme Court gives leave, no appeal shall lie to the Court of
Appeal from a decision of the Supreme Court to entertain or not to entertain
an application under subsection (1)(a).

(4) An appeal shall not lie to the Court of Appeal from a decision of the
Supreme Court on a question of law under subsection (1) unless-



   (a)  the Supreme Court or the Court of Appeal grants leave; and



   (b)  it is certified by the Supreme Court that the question of law to which
        its decision relates either is one of general public importance or is
        one which for some other special reason should be considered by the
        Court of Appeal-

and for the purpose of such an appeal a decision of the Supreme Court under
that subsection shall be deemed to be a judgment of the Supreme Court.