Document ID: chunk:federal_register_of_legislation:F2024C00417:reg:3:p17
Version: federal_register_of_legislation:F2024C00417
Segment Type: reg
Provision Reference: reg 3 (pt 17/100)
Character Range: 158881–161673

must comply with the pre‑action procedures.
Note: The pre‑action procedures are set out in Schedule 1.
 (2) Compliance with subrule (1) is not necessary if:
 (a) the proceeding is an application for divorce only; or
 (b) the proceeding is an application relating to nullity or validity of marriage only; or
 (c) the proceeding is a child support application or appeal; or
 (d) the proceeding involves a court's jurisdiction in bankruptcy under section 35 or 35B of the Bankruptcy Act; or
 (e) the court is satisfied that, in the circumstances, it was not appropriate for a party to comply with the pre‑action procedures.
 (3) For the purposes of paragraph (2)(e), circumstances include the following:
 (a) for a parenting proceeding—the proceeding involves allegations of child abuse or family violence, or of a risk of child abuse or family violence;
 (b) for a property proceeding—the proceeding involves allegations of family violence, or of a risk of family violence;
 (c) the application is urgent;
 (d) the applicant would be unduly prejudiced;
 (e) there has been a previous application in the same cause of action in the 12 months immediately before the start of the proceeding.
 (4) A person who starts a proceeding by making an application for final orders, or a respondent to an application for final orders, must indicate in the Genuine Steps Certificate filed with the application or response either:
 (a) that the person has complied with the pre‑action procedures; or
 (b) the factual basis on which the court should be satisfied that it was not appropriate for the person to comply with the required pre‑action procedures.
 (5) A person who is legally represented must comply with subrule (4) through the person's legal representative.
Note 1: The court publishes a brochure setting out the pre‑action procedures for financial proceedings and parenting proceedings.
Note 2: Subsections 60I(7) to (12) of the Family Law Act provide for attendance at family dispute resolution before applying for a parenting order in relation to a child.

4.02  Requirement to file family dispute resolution certificate with application for a parenting order
 (1) A person who starts a proceeding by making an application for an order under Part VII of the Family Law Act, such as a parenting order, must file with the application:
 (a) a certificate given to the applicant by a family dispute resolution practitioner under subsection 60I(8) of the Family Law Act; or
 (b) if no certificate is required because paragraphs 60I(9)(b), (c), (d), (e) or (f) of the Family Law Act applies—an affidavit in a form approved by the Chief Executive Officer unless another affidavit filed in the proceedings sets out the factual basis of the exception claimed.
 (2) An applicant in proceedings referred to