Text as at 15 April 2026

This provision has not been checked by a human. The text below was read automatically from the official PDF and has not yet been verified against it, so it may differ from the provision as published — in its wording, its numbering, or where one provision ends and the next begins. For the authorised text, see legislation.vic.gov.au.

103 Conduct of arbitration

(1)An arbitration under this Division is to be conducted by the Court constituted by a magistrate or, if the Rules so provide, by a registrar.

(2)In conducting an arbitration, the Court—

(a)is not bound by rules of evidence but may inform itself on any matter in such manner as it thinks fit; and

(b)is bound by the rules of natural justice; and

S. 103(3)(b) amended by No. 6/2018 s. 68(Sch. 2 item 81.1).

(c)is not required to conduct any proceedings in a formal manner; and

(d)may exercise any powers that the Court may exercise in hearing and determining a complaint.

(2A)Nothing in subsection (2)(a) prevents the application of Part 3.10 of the Evidence Act 2008 to the conduct of an arbitration.

S. 103(2A) inserted by No. 69/2009 s. 54(Sch. Pt 1 item 34.9).

(3)Evidence in an arbitration—

(a)may be given orally or in writing; and

(b)if the Court so requires, must be given on oath or affirmation or by affidavit.

(4)The Court must determine according to law any question that arises for determination in an arbitration.

(5)If the Court is satisfied that a party to an arbitration does not have a knowledge of the English language that is sufficient to enable the party to understand, or participate in, the arbitration, the Court may allow a competent interpreter to interpret the arbitration.