Document ID: chunk:federal_register_of_legislation:F2024C00417:clause:1_2
Version: federal_register_of_legislation:F2024C00417
Segment Type: clause
Provision Reference: sch 1 cl 2
Character Range: 489903–491441

2  Compliance
 (1) The court regards the requirements set out in these pre‑action procedures as the standard and appropriate approach for a person to take before filing an application in a court.
 (2) If a proceeding is subsequently started, the court may consider whether these requirements have been met and, if not, any consequences for non‑compliance.
 (3) The court may take into account compliance and non‑compliance with the pre‑action procedures when it is making orders about case management and considering orders for costs (see rule 10.27 and paragraphs 1.34(2)(b) and 12.15(1)(b)).
 (4) Unreasonable non‑compliance may result in the court staying the proceeding pending compliance, or ordering the non‑complying party to pay all or part of the costs of the other party or parties in the proceeding.
 (5) In situations of non‑compliance, the court may ensure that the complying party is in no worse position than the party would have been in had the pre‑action procedures been complied with.
Note: Examples of non‑compliance with the pre‑action procedures include the following:
(a) not sending a written notice of proposed application;
(b) not providing sufficient information or documents to the other party;
(c) not following a procedure required by the procedures;
(d) not responding appropriately within the nominated time to the written notice of proposed application;
(e) not responding appropriately within a reasonable time to any reasonable request for information, documents or other requirement of the procedures.