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 Westminster Lawyers who specialize in this area of law. They are located at Level 9,  552 Lonsdale Street, Melbourne, VIC 3000 or call them on (03) 9670-1734 you would like more information on this legal topic, or you wish to obtain formal advice regarding your situation.

Westminster Lawyers is a specialist family law firm practicing in Melbourne, Australia. We have eight lawyers including three lawyers accredited by the Law Institute of Victoria as specialists in family law. We are able to assist you in all areas of family law including prenuptial and precohabitation agreements, matters arising after the breakdown of a marriage or a relationship and Wills and estate planning. Our lawyers speak a number of languages including: English, French, Italian, Mandarin, Cantonese, Shangaihese, Hokkien and Japanese. We are part of a world wide network of affiliated law firms with expertise in family law. We act in a number of international family law matters and are able to offer our clients the benefit of seamless service between offices spread across Australia, North America, Europe, Asia and the Pacific.