Formerly, the state and territory Supreme Courts had jurisdiction under the Act, which often meant parties had to make parallel applications in multiple courts. This process has, on occasion, caused contradictory decisions to be issued. The new Bill eliminates these problems by clarifying and expanding the Federal Court's jurisdiction, allowing it to manage cases more effectively and ensuring it is equipped to function as a regional hub for commercial litigation. The new Bill:
Enables the Federal Court to refer proceedings, or a question arising in proceedings, to a referee for report.
Permits a single judge of the Federal Court to make an interlocutory order in proceedings that would have previously been heard by a full bench.
Allows a foreign award, by leave of the court, to be enforced in the Federal Court as if the award had been made by the court.
Enables the Federal Court to perform functions relating to the appointment, challenge and removal of arbitrators, to review an arbitral tribunal's jurisdiction and to set aside arbitral awards.
With its review of the Act, the Australian government aims to provide a clear legislative framework for international arbitration in Australia and to improve the effectiveness of the arbitral process. The new Bill is the first step towards ensuring a more consistent and streamlined approach to international arbitration across Australia.