The following has been extracted and summarized from the Family Law Rules 2004. This information is provided as a guide for readers to understand the general intent of the Rules. You are strongly advised to seek formal advice from an experienced family law solicitor before commencing any family court process or action.
General expectations by the Court
Each prospective party to a case in the Family Court of Australia is required to make a genuine effort to resolve the dispute before starting a case by:
Unless there are good reasons for not doing so, all parties are expected to have followed these pre-action procedures before filing an application to start a case. There may be serious consequences, including costs penalties, for non-compliance with these requirements.
The circumstances in which the court may accept that it was not possible or appropriate for a party to follow the pre-action procedures include urgent cases, or cases where family violence are involved, or where there are allegations of fraud.
What the Pre Action procedure hopes to achieve
The main objectives of the Pre Action procedures will be met by:
Why are there Pre-Action Procedures?
The objective of Pre-Action Procedures is:
At all stages during the pre-action negotiations the parties must have regard to the need to protect and safeguard the interests of any child and the continuing relationship between a parent and a child.
If you would like more information on this legal topic, or you wish to obtain formal advice regarding your situation, contact Johnston Withers Barristers & Solicitors. They are located at 17 Sturt Street, Adelaide SA 5000 or call them on (08) 8231 1110.
Johnston Withers comprises fourteen lawyers, two paralegals and nineteen support staff. We deliver legal services to clients ranging from large corporations, trade unions, and community organisations to small businesses, families and individuals. Johnston Withers have permanent offices in Adelaide, Port Augusta and Whyalla, and visit Clare regularly. Service delivery is provided through a team structure with teams being organised to meet client needs quickly and cost effectively.
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