Western Australian Current Acts

FAMILY COURT ACT 1997 - SECT 240

240 .         Offers of settlement — FLA s. 117C

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

            (a)         proceedings under section 235(1) or Division 6 or 12 of Part 5;

            (b)         proceedings to enforce a decree or injunction made under section 235 or Division 6 or 12 of Part 5.

        (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 relevant rules,

                the fact that the offer has been made, or the terms of the offer, must not be disclosed to a 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 section 237(2) and the terms of any such order.

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

        [Section 240 inserted: No. 35 of 2006 s. 50.]