PRE-ACTION PROCEDURES
- If you are considering starting a case in the Family Court of Australia, the
Family Law Rules provide a set of rules, commonly referred to as the "Pre-Action
Procedures" which prescribe steps that must be taken prior to filing an
Application in Court. These steps include:
- Participation in a primary dispute resolution method such as Mediation, Counselling, Negotiation, Conciliation or Arbitration;
- Writing to your former partner and communicating with them an intention to start proceedings including an Offer of Settlement; and
- Compliance with the duty of disclosure (see Information Sheet entitled "Disclosure" for further details).
- Participation in a primary dispute resolution method such as Mediation, Counselling, Negotiation, Conciliation or Arbitration;
- The Pre-Action Procedures do not apply in cases involving urgency, allegations of Family Violence, allegations of fraud, where there is a genuinely intractable dispute (for example, one person refuses to negotiate), where a limitation date is close to expiring, situations where a person would be unduly prejudiced or adversely affected if notice is given to the other person in the dispute of the intention to start the case (situations where you think your former partner may sell, dispose or encumber assets if they knew of your intention to start a case) or where there's been previous Court case on the same issue in the last twelve (12) months.
- Different disputes are more suitable to some forms of dispute resolution than others. We will advise you of the appropriate steps in your particular case.
- The Pre-Action Procedures prescribe that the time limit of at least fourteen (14) days must be given to the other party to respond to any settlement proposal or notice of an intention to start an action drafted by us on your behalf.
- If no response is received from your former partner within the specified time period or if they do not agree to the offer for settlement contained in the proposal, the obligation to follow the Pre-Action Procedures ends and an Application can be filed in Court.
- If an agreement is reached during the Pre-Action Procedures, we recommend that the agreement be formalized by way of Consent Orders or a Binding Financial Agreement. We will advise you as to which method is appropriate in your situation.
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Mr Hartley
Thank you for your patience and perseverance and for the excellent, prompt and efficient service you afforded me in my time of need.
It’s nice to know so many thoughtful people. Thanks for all you’ve done.
Yours sincerely
Cathy
