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FAMILY LAW ACT 1975 - SECT 12E Obligations on legal practitioners

FAMILY LAW ACT 1975 - SECT 12E

Obligations on legal practitioners

  (1)   A legal practitioner who is consulted by a person considering instituting proceedings under this Act must give the person documents containing the information prescribed under section   12B (about non - court based family services and court's processes and services).

  (2)   A legal practitioner who is consulted by, or who is representing, a married person who is a party to:

  (a)   proceedings for a divorce order in relation to the marriage; or

  (b)   financial or Part   VII proceedings in relation to the marriage;

must give the person documents containing the information prescribed under section   12C (about reconciliation).

  (3)   A legal practitioner representing a party in proceedings under Part   VII must give the party documents containing the information prescribed under section   12D (about Part   VII proceedings).

Note:   For other obligations of legal practitioners in relation to Part   VII matters, see sections   60D and 63DA.

  (4)   A legal practitioner does not have to comply with subsection   (1), (2) or (3) if the practitioner has reasonable grounds to believe that the person has already been given documents containing the prescribed information mentioned in that subsection.

  (5)   A legal practitioner does not have to comply with subsection   (2) if the practitioner considers that there is no reasonable possibility of a reconciliation between the parties to the marriage.

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