Commonwealth Consolidated Acts

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FAMILY LAW ACT 1975 - SECT 117C

Offers of settlement

             (1)  This section applies to proceedings under this Act other than the following proceedings:

                     (a)  proceedings under Part VI;

                     (b)  proceedings under Division 6, 9 or 13 of Part VII;

                     (c)  proceedings to enforce a decree or injunction made under Division 6, 9 or 13 of Part VII.

             (2)  If:

                     (a)  a party to proceedings to which this section applies makes an offer to the other party to the proceedings to settle the proceedings; and

                     (b)  the offer is made in accordance with any applicable Rules of Court;

the fact that the offer has been made, or the terms of the offer, must not be disclosed to the court in which the proceedings are being heard except for the purposes of the consideration by the court of whether it should make an order as to costs under subsection 117(2) and the terms of any such order.

             (3)  A judge of the court is not disqualified from sitting in the proceedings only because the fact that an offer has been made is, contrary to subsection (2), disclosed to the court.



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