Commonwealth Consolidated Regulations

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FAMILY LAW RULES 2004 - RULE 1.06

Promoting the main purpose

                The court must apply these Rules to promote the main purpose, and actively manage each case by:

        (a)         encouraging and helping parties to consider and use a dispute resolution method rather than having the case resolved by trial;

        (b)         having regard to unresolved risks or other concerns about the welfare of a child involved;

        (c)         identifying the issues in dispute early in the case and separating and disposing of any issues that do not need full investigation and trial;

        (d)         at an early stage, identifying and matching types of cases to the most appropriate case management procedure;

        (e)         setting realistic timetables, and monitoring and controlling the progress of each case;

        (f)         ensuring that parties and their lawyers comply with these Rules, any practice directions and procedural orders;

        (g)         considering whether the likely benefits of taking a step justify the cost of that step;

        (h)         dealing with as many aspects of the case as possible on the same occasion;

        (i)         minimising the need for parties and their lawyers to attend court by, if appropriate, relying on documents; and

        (j)         having regard to any barriers to a party’s understanding of anything relevant to the case.



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