Document ID: chunk:federal_register_of_legislation:C2004A05014:section:6:p1
Version: federal_register_of_legislation:C2004A05014
Segment Type: section
Provision Reference: s 6 (pt 1/86)
Character Range: 55924–58961

6                Division 6—Miscellaneous
                  • miscellaneous matters

"Division 2—Obligations to consider the possibility of reconciliation

Interpretation

"14B. In this Division:

'Division 2 proceedings' means:

(a) proceedings for a dissolution of marriage: or

(b) financial or Part VII proceedings instituted by a party to a subsisting marriage;

'judge' includes a magistrate, Judicial Registrar or Registrar.

Duty of judges

"14C.(1) A judge constituting the court in which Division 2 proceedings are being heard must consider, from time to time, the possibility of a reconciliation of the parties.

"(2) If, during the proceedings, the judge considers, from the evidence in the proceedings or the attitude of the parties, that there is a reasonable possibility of a reconciliation of the parties, the judge may:

    (a) adjourn the proceedings to give the parties the opportunity to consider a reconciliation; or

    (b) with the consent of the parties, interview them in chambers, with or without counsel, as the judge thinks proper, to assist in a possible reconciliation.

"(3) If the judge adjourns the proceedings under paragraph (2)(a), the judge may advise the parties:

    (a) to make use of the services of a family and child counsellor to assist in a possible reconciliation; or

    (b) to request the Principal Director of Court Counselling of the Family Court, or an appropriate officer of a Family Court of a State, to nominate some other suitable person or organisation to assist in considering a possible reconciliation.

"(4) If, after an adjournment under subsection (2), either of the parties requests that the proceedings resume, the judge must resume the proceedings as soon as practicable.

Duty of legal practitioners

"14D. A legal practitioner representing a party to Division 2 proceedings must consider, from time to time, the possibility of a reconciliation of the parties.

"Division 3—Obligations to consider advising people about primary dispute resolution methods

Interpretation

"14E. In this Division:

'primary dispute resolution methods' means procedures and services for the resolution of disputes out of court, including:

(a) counselling services provided by family and child counsellors; and

(b) mediation services provided by family and child mediators; and

(c) arbitration services provided by approved arbitrators.

Duty of courts

"14F. A court exercising jurisdiction in proceedings under this Act must consider whether or not to advise the parties to the proceedings about the primary dispute resolution methods that could be used to resolve any matter in dispute.

Duty of legal practitioners

"14G. A legal practitioner acting in proceedings under this Act, or consulted by a person considering instituting such proceedings, must consider whether or not to advise the parties to the proceedings, or the person considering instituting proceedings, about the primary dispute resolution methods that could be used to resolve any matter in dispute.

"Division