Document ID: chunk:federal_register_of_legislation:F2024C00417:clause:1_1:p1
Version: federal_register_of_legislation:F2024C00417
Segment Type: clause
Provision Reference: sch 1 cl 1 (pt 1/2)
Character Range: 499289–502061

1  General
 (1) Each prospective party to a proceeding in the Federal Circuit and Family Court of Australia is required to make a genuine effort to resolve the dispute before filing an application to start proceedings by following the pre‑action procedures outlined in clause 3 of this Part. This accords with section 60I of the Family Law Act 1975.
 (2) There may be serious consequences for non‑compliance with the pre‑action procedures, including costs penalties or a stay of proceedings pending compliance.
 (3) The circumstances in which the court may accept that it was not possible or appropriate for a party to follow the pre‑action procedures are outlined in subrule 4.01(2).
 (4) The objectives of the pre‑action procedures are as follows:
 (a) to encourage early and full disclosure in appropriate proceedings by the exchange of information and documents about the prospective proceeding;
 (b) to provide parties with a process to avoid legal action by reaching a settlement of the dispute before starting a proceeding;
 (c) to provide parties with a procedure to resolve the proceeding quickly and limit costs;
 (d) to ensure the efficient management of proceedings in the court, if proceedings become necessary;
 (e) to encourage parties, if proceedings become necessary, to seek only those orders that are reasonably achievable on the evidence;
 (f) to give effect to the overarching purpose of the family law practice and procedure provisions as provided by section 67 of the Federal Circuit and Family Court of Australia Act 2021.
 (5) At all stages during the pre‑action procedures and, if a proceeding is started, during the conduct of the proceedings, the parties must have regard to the following:
 (a) the best interests of any child, including the need to protect and safeguard them against risk or harm;
 (b) the developmental, psychological, emotional and cultural needs of the child, the capacity of each person who is proposed to have parental responsibility for the child to provide for those needs, and the benefit to the child of being able to have a relationship with people who are significant to them, where it is safe to do so;
 (c) the potential damage to a child involved in a dispute between the parents, particularly if the child is encouraged to take sides or take part in the dispute;
 (d) the impact of parenting applications that may be motivated by intentions other than the best interests of the child;
 (e) the best way of exploring options for settlement, identifying the 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