The Din Torah Process

What is a Beis Din?

A Beis Din is a Jewish ecclesiastical court which is usually comprised of three Rabbinical judges (Dayanim) who are familiar with the intricacies of Jewish law. The parties can agree for a sole Dayan to adjudicate a matter, and in cases which involve small disputes this is encouraged to make the matter most cost effective to both parties.

The policy of Beis Din CMM is that disputes over $50,000 require three Dayanim and disputes under $5,000 require only one Dayan. Disputes between $5,000 and $50,000 will be left to the discretion of the parties to decide whether to have one or three Dayanim.

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Beis Din CMM has a panel of five Dayanim from a range of communities in Melbourne. While the parties can express their preference for a certain Dayan to sit on a case, ultimately the registrar will decide on the composition of the Beis Din. Where a number of Dayanim have a conflict of interest, Beis Din CMM will source a Dayan from an overseas Beis Din to sit on the case via video conferencing.

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What is a Din Torah?

A Din Torah is a monetary dispute brought before a Beis Din for adjudication according to Jewish Law. When a party wants to commence a Din Torah, the first step is to complete the online application, after which the registrar of the Beis Din will send an invitation to the respondent to participate in the Din Torah. The Beis Din will only hear a Din Torah if both parties voluntarily agree to this process, and both parties will be required to sign an Arbitration agreement before the hearing. From the commencement of the process, the parties will generally not be allowed to discuss the case directly with the Dayanim who will hear the case, and all correspondence will be through the registrar of the Beis Din.

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The system of law applied in the Din Torah

A Din Torah is adjudicated according to Jewish law.

It is important to note that many times Jewish law will incorporate secular law by way of the principal of “dina d’malchusa dina” (law of the land) or by virtue of “minhag hamedina” (custom of the land). In such cases the Beis Din will seek counsel from local lawyers as to the relevant secular law. Beis Din CMM have a Legal Advisory Committee of leading lawyers from the Melbourne Jewish community who provide ongoing legal advice to the Beis Din without any extra cost to the parties. In exceptional cases, the Beis Din may seek expert advice from a barrister or specialist lawyer on an issue of law, at the cost of the parties.

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The requirements of Australian law relevant to a Din Torah

The Commercial Arbitration Act of Victoria 2011 allows parties to have commercial disputes arbitrated by consent according to Jewish Law. An award given by a Beis Din in such an arbitration is enforceable in an Australian court of law. Disputes which are not considered commercial in nature are also permitted according to Australian law to be arbitrated by a Beis Din by consent.

Beis Din CMM has invested considerable effort to engage lawyers to ensure that its arbitration agreement, rules, and procedures are compliant with Australian arbitration law. The Dayanim have received legal guidance to ensure that the conduct of proceedings will also be compliant.

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When a respondent does not agree to participate in a Din Torah

If the respondent will not agree to participate, the Beis Din will send two further invitations, after which it may refer the claimant to the secular courts to pursue their claim.

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The timeframe of the Din Torah process

After an application is lodged for a Din Torah, the Beis Din will send an invitation to the respondent within a few days. After both sides have agreed to the Din Torah, it will usually only take a few weeks before a hearing is scheduled.

An award will usually be issued within a few weeks of the hearing.

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The procedure at a Hearing

Before proceedings commence, an arbitration agreement will be signed by both parties.

In many cases, a pre-hearing will take place, where the Beis Din will give directions to the parties regarding preparations and procedures to be followed at the Hearing.

The Beis Din may request the parties to provide written summaries of their claims in advance of the hearing, and to submit all relevant documents before the Hearing.

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At the Hearing, the claimant will present their case first, after which the respondent will present their defence. Witnesses may be brought to the hearing, and in some instances the Beis Din will request advice from an expert witness.

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Can you have legal representation at a Din Torah?

The parties will generally be allowed to have a representative at the hearing. This may be either a lawyer or a halachic representative (to'en).

Advance notice must be given to the Beis Din about this.

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Enforcement of an Award of the Beis Din in a secular court, and Appeals

The ruling (Award) of the Beis Din will generally be enforceable in an Australian court of law. According to Jewish law, a ruling of a Beis Din cannot usually be appealed. In the arbitration agreement of Beis Din CMM, the parties agree - according to the extent permissible by Australian law - not to appeal the Award of the Beis Din.

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Schedule of Fees

The current Fees Schedule is accessible here

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