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: 488228–489901

on the parties);
 (g) the need to seek only orders that are reasonably achievable on the evidence and that are consistent with the current law;
 (h) the principle of proportionality and the need to control costs because it is unacceptable for the costs of any proceeding to be disproportionate to the financial value of the subject matter of the dispute;
 (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 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 of filing an application to start a proceeding or a response to that application, a party must file a Genuine Steps Certificate outlining:
 (a) both:
 (i) the party's compliance with the pre‑action procedures; and
 (ii) the genuine steps taken by the party to resolve the dispute; or
 (b) the basis of any claim for an exemption from compliance with either or both the requirements referred to in subparagraphs (a)(i) and (ii).