Main purpose of the new Family Law Rules 2004

The main purpose of the Family Law Rules 2004, which came into effect on 29 March 2004, is to ensure that each case is resolved in a just and timely manner at a cost to the parties and the court that is reasonable in the circumstances of the case.

Some of the features of the 2004 Rules are as follows:

• To introduce 25 prescribed forms;
• Simplification of procedures;
• A dictionary;
• Simplified terminology;
• Encouragement in settlement procedures with:

• New Pre-action procedures;
• Compulsory offers of settlement;
• Prior to filing, various settlement attempts carried out.

• New procedures for the production of documents and disclosure;
• Appointment of a single expert witness (for example a valuer to value property or a business) and;
• New procedures for subpoenas that reduce the costs of appearing in court.

This is not a comprehensive list but highlights the most important features of the amendments. The most significant change to most cases will be the compulsory inclusion of procedures towards settlement. This highlights an even stronger emphasis on settlement than ever before in the Family Court system. In regards to the procedures for negotiating a settlement you should seek the advice of a solicitor.

Pre-action procedure

Before starting a case, each party to the case must comply with the pre-action procedures (see article) including attempting to resolve the dispute using primary dispute resolution methods.

The exceptions to this rule are:

1. for a parenting case where the case involves allegations of child abuse or family violence;
2. for a property case where the case involves allegations of family violence or fraud;
3. where the application is urgent;
4. where the applicant would be unduly prejudiced;
5. there has been a previous Court application between the same parties in the 12 months immediately before the start of the case;
6. the case is an Application for Divorce; or
7. the case is a Child Support Application or Appeal.

The court may take into account a party's failure to comply with a pre-action procedure when considering whether to order payment of the other party’s legal costs.

FURTHER INFORMATION 

This Information Outline is provided courtesy of Grech Partners Solicitors & Barristers who are experienced in this area of law. They are located at Inglewood Business Centre, Norwest Business Park, Suites 41 & 42, 5 Inglewood Place, Baulkham Hills NSW 2153 or call them on (02) 9851 2500 if you would like more information on this legal topic, or you wish to obtain formal advice regarding your situation.

Over the last 31 years of practice Grech Partners Solicitors, along with their dedicated and committed support staff, have developed a holistic approach to all their clients seeking legal representation. The firm was initially established in 1971 consisting of one solicitor and a secretary. The firm has evolved to include a number of solicitors each with their own area of expertise. During their years of practice Grech Partners has represented a broad sector of the community ranging from individuals, families, multicultural groups, corporate clients to publicly listed companies as well as banking institutions with bases locally and overseas.