Commonwealth Consolidated Regulations

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FAMILY LAW RULES 2004 - RULE 1.08

Responsibility of parties and lawyers in achieving the main purpose

        (1)         Each party has a responsibility to promote and achieve the main purpose, including:

        (a)         ensuring that any orders sought are reasonable in the circumstances of the case and that the court has the power to make those orders;

        (b)         complying with the duty of disclosure (see rule 13.01);

        (c)         ensuring readiness for court events;

        (d)         providing realistic estimates of the length of hearings or trials;

        (e)         complying with time limits;

        (f)         giving notice, as soon as practicable, of an intention to apply for an adjournment or cancellation of a court event;

        (g)         assisting the just, timely and cost-effective disposal of cases;

        (h)         identifying the issues genuinely in dispute in a case;

        (i)         being satisfied that there is a reasonable basis for alleging, denying or not admitting a fact;

        (j)         limiting evidence, including cross-examination, to that which is relevant and necessary;

        (k)         being aware of, and abiding by, the requirements of any practice direction or guideline published by the court; and

        (l)         complying with these Rules and any orders.

        (2)         A lawyer for a party has a responsibility to comply, as far as possible, with subrule (1).

Note    The court recognises that a lawyer acts on a party’s instructions and may be unable to establish whether those instructions are correct.

        (3)         A lawyer attending a court event for a party must:

        (a)         be familiar with the case; and

        (b)         be authorised to deal with any issue likely to arise.

Note    The court may take into account a failure to comply with this rule when considering costs (see subrule 19.10 (1) and subclause 6.10 (1) of Schedule 6).




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