Commonwealth Consolidated Regulations

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FAMILY LAW RULES 2004 - RULE 10.06

Compulsory offer to settle

             (1)  This rule applies to a property case.

             (2)  Each party must make a genuine offer to settle to all other parties within:

                     (a)  28 days after the conciliation conference;

                     (b)  if no conciliation conference has been held--28 days after the procedural hearing at which the case was allocated the first day before the Judge; or

                     (c)  such further time as ordered by the court.

             (3)  The offer to settle must state that it is made under this Division.

Example:    The offer to settle must include a statement along the following lines:

                   'This offer to settle is made under Division 10.1.2 of the Family Law Rules 2004.'

Note 1:       For rules about making, withdrawing and accepting an offer, see Division 10.1.1.

Note 2:       An offer to settle is a factor that must be taken into account when the court exercises its discretion in relation to costs (see paragraph 117(2A)(f) of the Act).

Note 3:       Rule 11.02 sets out the consequences of failing to comply with these Rules.



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