Commonwealth Consolidated Regulations

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FAMILY LAW RULES 2004 - RULE 1.05

Pre-action procedure

             (1)  Before starting a case, each prospective party to the case must comply with the pre-action procedures, the text of which is set out in Schedule 1.

             (2)  Compliance with subrule (1) is not necessary if:

                     (a)  for a parenting case--the case involves allegations of child abuse or family violence, or the risk of child abuse or family violence;

                     (b)  for a property case--the case involves allegations of family violence, or the risk of family violence, or fraud;

                     (c)  the application is urgent;

                     (d)  the applicant would be unduly prejudiced;

                     (e)  there has been a previous application in the same cause of action in the 12 months immediately before the start of the case;

                      (f)  the case is an application for divorce;

                     (g)  the case is a child support application or appeal; or

                     (h)  the case involves a court's jurisdiction in bankruptcy under section 35 or 35B of the Bankruptcy Act.

Note 1:       The court publishes a brochure setting out the pre-action procedures for financial cases and parenting cases.

Note 2:       The court may take into account a party's failure to comply with a pre-action procedure when considering whether to order costs (see paragraph 1.10(2)(d)).

Note 3:       Subsections 60I(7) to (12) provide for attendance at family dispute resolution before applying for an order under Part VII of the Act in relation to a child.



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