Commonwealth Consolidated Regulations

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FAMILY LAW RULES 2004 - RULE 12.03

Case assessment conference

             (1)  A case assessment conference must be held in the presence of a Registrar.

             (2)  The purpose of a case assessment conference is:

                     (a)  to enable the person conducting the conference to assess and make any recommendations about the appropriate future conduct of the case; and

                     (b)  to enable the parties to attempt to resolve the case, or any part of the case, by agreement; and

                     (c)  to determine whether the case:

                              (i)  is suitable to remain in the Family Court; or

                             (ii)  should be transferred to another court exercising jurisdiction under the Act.

             (3)  At a case assessment conference, each party must, as far as practicable, identify each of the following:

                     (a)  any procedural orders sought;

                     (b)  the agreed issues;

                     (c)  the items to be included on the balance sheet;

                     (d)  any areas of controversy about the assets, liabilities, superannuation and financial resources of the parties;

                     (e)  any person who may be entitled to become a party to the case;

                      (f)  any other relevant matter related to the main purpose of these Rules (see rule 1.04).

             (4)  If the case is not settled by the end of the conference, the court will make procedural orders for the future conduct of the matter, including:

                     (a)  if appropriate--an order that the parties attend a conciliation conference; or

                     (b)  if the case is suitable to be allocated the first day before the Judge--procedural orders under rule 12.08.

             (5)  If the proceedings also involve parenting issues and the case is not settled by the end of the conference, the parties may be ordered to attend the Child Responsive Program.

Note 1:       A party and a party's lawyer must attend a case assessment conference (see subrule 1.08(3) and rule 12.11).

Note 2:       A party to a parenting case must disclose a copy of an expert's report no later than 2 days before a case assessment conference (see paragraph 15.55(1)(a)).

Note 3:       E vidence of a communication made at a case assessment conference may be excluded (see section 131 of the Evidence Act 1995 ).



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