BEFORE YOU FILE COURT DOCUMENTS IN THE FAMILY COURT YOU MUST…

The Federal Circuit and Family Court of Australia (Family Courts for short) has rules associated with what must happen prior to starting a Court action for family law matters.

The rules to be followed before starting family Court proceedings are called the Pre-Court Procedures.

The Federal Circuit and Family Court of Australia Rules (the Rules) say that for both property and parenting matters, prior to filing Court documents, the parties must:-

• make a genuine attempt to reach agreement

• attend mediation or dispute resolution

• exchange written notices, and responses, with each other

• the written notices must contain genuine offers

• the written notices must state what the person would ask the Court to do if agreement is not reached

There are exceptions for some circumstances when parties will not be required to complete the pre-Court procedures, such as family violence or urgency.

The rules are somewhat more complicated than put simply above. We recommend you seek the advice of a lawyer as there can be adverse consequences including sometimes having to pay the other parties’ legal costs if the Rules are not followed.

Parties are required to file a Genuine Steps Certificate to inform the Court if they have complied with the pre-Court procedures.

As we mention above, it is a requirement to comply with the pre-Court procedures including mediation, however we strongly advise to genuinely negotiate and participate in mediation prior to Court to avoid stress, delay, expense, and in parenting matters, possible adverse effects on your children.

If you would like to discuss this or any other family law issue do not hesitate to contact our Ipswich office for family law advice tailored to your needs.