Document ID: chunk:federal_register_of_legislation:C2024A00118:clause:1_102ne
Version: federal_register_of_legislation:C2024A00118
Segment Type: clause
Provision Reference: sch 1 cl 102NE
Character Range: 38784–40708

102NE  Principles for conducting child‑related proceedings and property or other proceedings

Application of the principles
 (1) The court must give effect to the principles in this section:
 (a) in performing duties and exercising powers (whether under this Division or otherwise) in relation to child‑related proceedings or property or other non‑child‑related proceedings; and
 (b) in making other decisions about the conduct of child‑related proceedings or property or other non‑child‑related proceedings.
Failure to do so does not invalidate the proceedings or any order made in them.
 (2) Regard is to be had to the principles that are relevant to the particular proceedings in interpreting this Division.
Note: All the principles are relevant to child‑related proceedings. The principles in subsection (3), paragraph (5)(a) and subsection (6) do not apply in relation to property or other non‑child‑related proceedings.

Principle 1
 (3) The first principle is that the court is to consider the needs of the child concerned and the impact that the conduct of the proceedings may have on the child in determining the conduct of the proceedings.

Principle 2
 (4) The second principle is that the court is to actively direct, control and manage the conduct of the proceedings.

Principle 3
 (5) The third principle is that the proceedings are to be conducted in a way that will safeguard:
 (a) the child concerned from being subjected to, or exposed to, abuse, neglect or family violence; and
 (b) the parties to the proceedings against family violence.

Principle 4
 (6) The fourth principle is that the proceedings are, as far as possible, to be conducted in a way that will promote cooperative and child‑focused parenting by the parties.

Principle 5
 (7) The fifth principle is that the proceedings are to be conducted without undue delay and with as little formality, and legal technicality and form, as possible.