Family Arbitration in Australia: A difficult birth

Abstract

The use of arbitration in family law effectively commenced with the promulgation in April 2016 of Family Law Rules to facilitate arbitration. This article accesses all available data of the Federal Circuit Court (as it then was) regarding the use of arbitration for the three years from April 2016 to 2019. The data discussed paints a picture of the birth of family arbitration in Australia and charts trends in the use and facilitation of arbitration over this important, formative period.