AUSTRALIAN CAPITAL TERRITORY

Supreme Court (Arbitration) Ordinance 1990
No. 8 of 1990
I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Ordinance under the Seat of Government (Administration) Act 1910. 
Dated 26 June 1990.
	BILL HAYDEN
	Governor-General
By His Excellency’s Command,
MICHAEL TATE
Minister of State for Justice and Consumer Affairs

An Ordinance to prescribe matters for Rules of Court relating to arbitration 

Short title
1.  This Ordinance may be cited as the Supreme Court (Arbitration) Ordinance 1990.1
Interpretation
2.  (1)  In this Ordinance, “Supreme Court Act” means the Australian Capital Territory Supreme Court Act 1933 of the Commonwealth.
(2)  Expressions used in this Ordinance that appear in the Supreme Court Act have the same respective meanings as in that Act.
Rule-making power
3.  The Rules of Court under section 28 of the Supreme Court Act may provide for or with respect to—
	(a)	the proceedings, or questions or issues of fact or law arising in proceedings, that may be referred by the Supreme Court to an arbitrator or referee for determination or for inquiry and report;
	(b)	the appointment of a Judge, the Master, the Registrar or other officer of the Court or other person as an arbitrator or referee;
	(c)	the fees to be paid to an arbitrator or referee;
	(d)	the persons by whom a fee, or part of a fee, is payable;
	(e)	the consequences of a determination or report by an arbitrator or referee;
	(f)	the manner in which a determination or report may be called in question;
	(g)	whether or not, or to what extent, a determination or report may be called in question on a matter of fact or law;
	(h)	the provision of the services of officers of the Court and the provision of court rooms and other facilities for the purpose of a reference to an arbitrator or referee; and 
	(i)	any other matters associated with a reference.
Application of former provisions re arbitration references
4.  On and after the date on which Rules of Court for the purposes of section 3 take effect, Part III of the Arbitration Act 1902 of the State of New South Wales in its application in the Territory shall be taken not to apply in relation to proceedings in the Supreme Court other than proceedings in which an order under that Part is made before that date.
Amendment of Reserved Laws (Administration) Ordinance 1989
5.  Schedule 2 to the Reserved Laws (Administration) Ordinance 1989 is amended by inserting in Part 1—
“Supreme Court (Arbitration) Ordinance 1990”
after—
“Supreme Court Ordinance 1952”.

NOTE
1.	Notified in the Commonwealth of Australia Gazette on 29 June 1990.