Document ID: chunk:federal_register_of_legislation:C2008C00441:clause:1_60i:p3
Version: federal_register_of_legislation:C2008C00441
Segment Type: clause
Provision Reference: sch 1 cl 60I (pt 3/3)
Character Range: 27927–30202

of abuse of the child if there were to be a delay in applying for the order; or
 (iii) there has been family violence by one of the parties to the proceedings; or
 (iv) there is a risk of family violence by one of the parties to the proceedings; or
 (c) all the following conditions are satisfied:
 (i) the application is made in relation to a particular issue;
 (ii) a Part VII order has been made in relation to that issue within the period of 12 months before the application is made;
 (iii) the application is made in relation to a contravention of the order by a person;
 (iv) the court is satisfied that there are reasonable grounds to believe that the person has behaved in a way that shows a serious disregard for his or her obligations under the order; or
 (d) the application is made in circumstances of urgency; or
 (e) one or more of the parties to the proceedings is unable to participate effectively in family dispute resolution (whether because of an incapacity of some kind, physical remoteness from dispute resolution services or for some other reason); or
 (f) other circumstances specified in the regulations are satisfied.

Referral to family dispute resolution when exception applies

 (10) If:
 (a) a person applies for a Part VII order; and
 (b) the person does not, before applying for the order, attend family dispute resolution with a family dispute resolution practitioner and the other party or parties to the proceedings in relation to the issue or issues that the order would deal with; and
 (c) subsection (7) does not apply to the application because of subsection (9);
the court must consider making an order that the person attend family dispute resolution with a family dispute resolution practitioner and the other party or parties to the proceedings in relation to that issue or those issues.

 (11) The validity of:
 (a) proceedings on an application for a Part VII order; or
 (b) any order made in those proceedings;
is not affected by a failure to comply with subsection (7) in relation to those proceedings.

 (12) In this section:

dispute resolution provisions of the Family Law Rules 2004 means:
 (a) Rule 1.05 of those Rules; and
 (b) Part 2 of Schedule 1 to those Rules;
to the extent to which they deal with dispute resolution.