Victorian Consolidated Legislation

Commercial Arbitration Act 1984 - SECT 48

Extension of time

48. Extension of time



(1) Subject to subsection (3), the Court shall have power on the application
of a party to an arbitration agreement or an arbitrator or umpire to extend
the time appointed by or under this Act or fixed by the agreement or by an
order under this section for doing any act or taking any proceeding in or in
relation to an arbitration.

(2) The Court may make an order under this section although an application for
the making of the order was not made until after the expiration of the time
appointed or fixed for doing the act or taking the proceeding.

(3) An order shall not be made under this section extending the time within
which arbitration proceedings might be commenced unless-

   (a)  the Court is satisfied that in the circumstances of the case undue
        hardship would otherwise be caused; and

   (b)  the making of the order would not contravene the provision of any
        enactment limiting the time for the commencement of arbitration
        proceedings.