FAMILY LAW (FAMILY DISPUTE RESOLUTION PRACTITIONERS) REGULATIONS 2008 - REG 28 Information to be given to parties before family dispute resolution

FAMILY LAW (FAMILY DISPUTE RESOLUTION PRACTITIONERS) REGULATIONS 2008 - REG 28

  (1)   Before family dispute resolution is started under subregulation   25(3), each party to the family dispute resolution must be given the following information:

  (a)   that it is not the role of the family dispute resolution practitioner to give people legal advice (unless the family dispute resolution practitioner is also a legal practitioner);

  (b)   the family dispute resolution practitioner's confidentiality and disclosure obligations under section   10H of the Act;

  (c)   that, provided section   10J of the Act applies, evidence of anything said, or an admission made, at family dispute resolution is not admissible:

  (i)   in any court (whether exercising federal jurisdiction or not); or

  (ii)   in any proceedings before a person authorised by a law of the Commonwealth or a State or Territory, or by the consent of the parties, to hear evidence;

  (d)   the qualifications of the family dispute resolution practitioner to be a family dispute resolution practitioner;

  (e)   the fees (including any hourly rate) charged by the family dispute resolution practitioner in respect of the family dispute resolution;

  (f)   that family dispute resolution must be attended if required under section   60I of the Act, before applying for an order under Part   VII of the Act;

  (g)   that, if a person wants to apply to the court for an order under Part   VII of the Act, the family dispute resolution practitioner may provide a certificate under subsection   60I(8) of the Act, including a certificate to the effect that the person:

  (i)   did not attend family dispute resolution due to the refusal, or the failure, of the other party or parties to the proceedings to attend; or

  (ii)   attended family dispute resolution with the other party or parties to the proceedings but that the person, the other party or another of the parties did not make a genuine effort to resolve the issue or issues;

  (h)   if a certificate under subsection   60I(8) of the Act is filed, a court may take the certificate into account as specified in subregulation (1A);

  (i)   information about the complaints mechanism that a person who wants to complain about the family dispute resolution services may use.

Note 1:   Paragraphs   (b) and (c) outline the general rule that communications during family dispute resolution are confidential and not admissible in court. However, sections   10H and 10J of the Act specify exceptions to the general rule when disclosure by a family dispute resolution practitioner is permitted.

Note 2:   Sections   12G and 63DA of the Act may impose additional information - giving obligations.

  (1A)   For the purposes of paragraph   (1)(h), a court may take the certificate into account:

  (a)   when determining whether to make an order under section   13C of the Act referring the parties to family dispute resolution; or

  (b)   in relation to the Federal Circuit and Family Court of Australia (Division   1)--in taking into account the powers of the Court under Division   4 of Part   6 of Chapter   3 of the Federal Circuit and Family Court of Australia Act 2021 (dealing with case management) to award costs against a party under section   117 of the Act; or

  (c)   in relation to the Federal Circuit and Family Court of Australia (Division   2)--in taking into account the powers of the Court under Division   4 of Part   6 of Chapter   4 of the Federal Circuit and Family Court of Australia Act 2021 (dealing with case management) to award costs against a party under section   117 of the Act; or

  (d)   in relation to any other court--when determining whether to award costs against a party under section   117 of the Act.

  (2)   A family dispute resolution practitioner must not start family dispute resolution until subregulation (1) is complied with.