Document ID: chunk:federal_register_of_legislation:C2023A00087:clause:5_95
Version: federal_register_of_legislation:C2023A00087
Segment Type: clause
Provision Reference: sch 5 cl 95
Character Range: 73561–75452

95  Overarching purpose of the family law practice and procedure provisions
 (1) The overarching purpose of the family law practice and procedure provisions is to facilitate the just resolution of disputes:
 (a) in a way that ensures the safety of families and children; and
 (b) in relation to proceedings under this Act in which the best interests of a child are the paramount consideration—in a way that promotes the best interests of the child; and
 (c) according to law; and
 (d) as quickly, inexpensively and efficiently as possible.
Note: For family law practice and procedure provisions, see subsection (4).
 (2) Without limiting subsection (1), the overarching purpose includes the following objectives in relation to proceedings under this Act:
 (a) the just determination of all such proceedings;
 (b) the efficient use of the judicial and administrative resources available for the purposes of courts exercising jurisdiction in such proceedings;
 (c) the efficient disposal of the overall caseload of courts exercising jurisdiction in such proceedings;
 (d) the disposal of all such proceedings in a timely manner;
 (e) the resolution of disputes at a cost that is proportionate to the importance and complexity of the matters in dispute.
 (3) The family law practice and procedure provisions must be interpreted and applied, and any power conferred or duty imposed by them (including the power to make applicable Rules of Court) must be exercised or carried out, in the way that best promotes the overarching purpose.
 (4) The family law practice and procedure provisions are the following, so far as they apply in relation to proceedings under this Act:
 (a) the applicable Rules of Court;
 (b) any other provision made by or under this Act, or any other Act, with respect to the practice and procedure of the Federal Circuit and Family Court of Australia or any other court.