Document ID: chunk:federal_register_of_legislation:F2024C00417:clause:1_1:p2
Version: federal_register_of_legislation:F2024C00417
Segment Type: clause
Provision Reference: sch 1 cl 1 (pt 2/2)
Character Range: 501806–503643

issues as soon as possible, and seeking resolution of them;
 (f) the need to avoid protracted, unnecessary, hostile and inflammatory exchanges;
 (g) the impact of correspondence on the intended reader (in particular, on the parties);
 (h) the need to seek only orders that are reasonably achievable on the evidence and that are consistent with the current law;
 (i) the duty to make full and frank disclosure of all material facts, documents and other information relevant to the dispute.
Note: The duty of disclosure extends to the requirement to disclose any significant changes (see clause 4 of this Part).
 (6) Parties must not:
 (a) use the pre‑action procedures for an improper purpose (for example, to harass the other party or to cause unnecessary cost or delay); or
 (b) in correspondence, raise irrelevant issues or issues that may cause the other party to adopt an entrenched, polarised or hostile position.
 (7) The court expects parties to take a sensible and responsible approach to the pre‑action procedures.
 (8) The parties are not expected to continue to follow the pre‑action procedures if it is not safe to do so, or if reasonable attempts to follow the pre‑action procedures have not achieved a satisfactory solution.
 (9) At the time an application to start a proceeding is filed:
 (a) each party must file a Genuine Steps Certificate outlining:
 (i) the party's compliance with the pre‑action procedures and the genuine steps taken by them to resolve the dispute; or
 (ii) the basis of any claim for an exemption from compliance with either or both the matters referred to in subparagraph (i); and
 (b) the applicant must file a certificate by a family dispute resolution practitioner in accordance with subsection 60I(8) of the Family Law Act 1975, unless an exception applies under subsection 60I(9) of that Act.