Commonwealth Consolidated Regulations

FAMILY LAW RULES 2004 - RULE 1.05

        (1)         Before starting a case, each prospective party to the case must comply with the pre-action procedures, the text of which is set out in Schedule 1.

        (2)         Compliance with subrule (1) is not necessary if:

        (a)         for a parenting case — the case involves allegations of child abuse or family violence, or the risk of child abuse or family violence;

        (b)         for a property case — the case involves allegations of family violence, or the risk of family violence, or fraud;

        (c)         the application is urgent;

        (d)         the applicant would be unduly prejudiced;

        (e)         there has been a previous application in the same cause of action in the 12 months immediately before the start of the case;

        (f)         the case is an application for divorce;

        (g)         the case is a child support application or appeal; or

        (h)         the case involves a court’s jurisdiction in bankruptcy under section 35 or 35B of the Bankruptcy Act.

Note 1    The court publishes a brochure setting out the pre-action procedures for financial cases and parenting cases.

Note 2    The court may take into account a party’s failure to comply with a pre-action procedure when considering whether to order costs (see paragraph 1.10 (2) (d)).

Note 3    Subsections 60I (7) to (12) provide for attendance at family dispute resolution before applying for an order under Part VII of the Act in relation to a child.