Document ID: chunk:federal_register_of_legislation:F2024C00417:clause:1_6
Version: federal_register_of_legislation:F2024C00417
Segment Type: clause
Provision Reference: sch 1 cl 6
Character Range: 497201–499289

6  Lawyers' obligations
 (1) Lawyers must, as early as practicable:
 (a) advise clients of ways of resolving the dispute without starting legal action; and
 (b) advise clients of their duty to make full and frank disclosure, and of the possible consequences of breaching that duty; and
 (c) endeavour to reach a solution by settlement rather than start or continue legal action, subject to this being in the best interests of the client and any child; and
 (d) notify the client if, in the lawyer's opinion, it is in the client's best interests to accept a compromise or settlement that, in the lawyer's opinion, is a reasonable one; and
 (e) in cases of unexpected delay, explain the delay and whether or not the client may assist to resolve the delay; and
 (f) advise clients of the estimated costs of legal action (see rule 12.05); and
 (g) advise clients about the factors that may affect the court in considering costs orders; and
 (h) give clients documents prepared by the court about:
 (i) the legal aid services and dispute resolution services available to them; and
 (ii) the legal and social effects and the possible consequences for children of proposed litigation; and
 (i) actively discourage clients from making ambit claims or seeking orders that the evidence and established principles, including recent case law, indicate is not reasonably achievable.
 (2) The court recognises that the pre‑action procedures cannot override a lawyer's duty to the lawyer's client.
 (3) It is accepted that it is sometimes difficult to comply with a pre‑action procedure because a client may refuse to take advice; however, a lawyer has a duty as an officer of the court and must not mislead the court.
 (4) On application, the court may make an order for costs against a lawyer if the lawyer has failed to comply with pre‑action procedures (see rule 12.15).
 (5) If a client wishes not to disclose a fact or document that is relevant to the proceeding, a lawyer has an obligation to take the appropriate action; that is, to cease acting for the client.

Part 2—Parenting proceedings