Document ID: chunk:federal_register_of_legislation:F2024C00417:reg:3:p18
Version: federal_register_of_legislation:F2024C00417
Segment Type: reg
Provision Reference: reg 3 (pt 18/100)
Character Range: 161429–164196

(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 in subsection 100(1) of the Assessment Act or subsection 105(1) of the Registration Act is not required to file in the court a certificate given to the applicant by a family dispute resolution practitioner under subsection 60I(8) of the Family Law Act.

4.03  Requirements before seeking an interlocutory order
 (1) Before filing an application seeking an interlocutory order, a party must make a reasonable and genuine attempt to settle the issue to which the application relates.
 (2) Compliance with subrule (1) is not necessary if:
 (a) compliance will cause undue delay or expense; or
 (b) the application would be unduly prejudiced; or
 (c) the application is urgent; or
 (d) there are circumstances in which an application is necessary (for example, if there is an allegation of child abuse, family violence or fraud).
 (3) A person who makes an application for an interlocutory order must indicate, in the affidavit filed with the application, either:
 (a) that the person has made a reasonable and genuine attempt to settle the issue to which the application relates; or
 (b) which exception in subrule (2) applies to the application and the factual basis for the exception claimed.
 (4) A person who is legally represented must comply with subrule (3) through the person's legal representative.

4.04  Consequences of failure to comply with rules 4.01 to 4.03
 (1) If:
 (a) a person makes an application for a final order without complying with the pre‑action procedures; and
 (b) the court considers that no exception in subrule 4.01(2) applied to the application;
the court may stay the application, on its own initiative or on the application of the respondent, until the applicant complies with the pre‑action procedures.
 (2) The court may take into account a party's failure to comply with rule 4.01, 4.02 or 4.03 when considering whether to make an order as to costs.
 (3) The court may take into account the involvement of a legal practitioner in a party's failure to comply with rule 4.01, 4.02 or 4.03 when considering whether to make an order as to costs.
Note: Rules 12.15‑12.16 relate to the making of costs orders against lawyers.

4.05  Dispute resolution events

Court may require attendance at dispute resolution events
 (1) In the exercise of its general powers of case management to achieve the overarching purpose of these Rules, the court may order a party to attend:
 (a) a family consultant; or
 (b) family counselling or family dispute resolution; or
 (c) another dispute resolution event