Commonwealth Consolidated Regulations

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FAMILY LAW RULES 2004 - RULE 5.03

Procedure before filing

        (1)         Before filing an application seeking interim, procedural, ancillary or other incidental orders, a party must make a reasonable and genuine attempt to settle the issue to which the application relates.

        (2)         An applicant does not have to comply with subrule (1) if:

        (a)         compliance will cause undue delay or expense;

        (b)         the applicant would be unduly prejudiced;

        (c)         the application is urgent; or

        (d)         there are circumstances in which an application is necessary (for example, if there is an allegation of child abuse, family violence or fraud).

Note    The court may take into account a party’s failure to comply with subrule (1) when considering any order for costs (see subsections 117 (2) and (2A) of the Act).



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