New South Wales Civil Practice & Procedure Practice Test 2026 - Free Civil Practice Questions and Study Guide

Question: 1 / 400

What is required for an arbitrator's award to be considered a judgment of the court according to s40 of the CPA?

Confirmation by a judge in open court

Hearing the appeal by the parties

Sending the award to the parties for a response

Waiting 28 days after the award notification

An arbitrator's award is considered a judgment of the court under section 40 of the Civil Procedure Act (CPA) once specific procedural requirements are met. One of these requirements is allowing a 28-day period after notifying the parties of the award, during which the parties have the opportunity to respond or take any necessary actions, such as appealing the award. This timeframe is crucial because it ensures that all parties have adequate time to consider the award and decide whether to challenge it or accept its terms.

The designation of the award as a judgment of the court creates a formal legal standing and allows for enforcement or appeal if there are grounds to contest the award. Therefore, the correct answer highlights the importance of this waiting period in facilitating fair process and allowing time for parties to engage in potential dispute resolution following the arbitrator's decision.

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