(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.