Commonwealth Numbered Regulations

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2) (GENERAL FEDERAL LAW) RULES 2021 (F2021L01220) - RULE 1.04

             (1)  The overarching purpose of these Rules, as provided in section 190 of the Act, is to facilitate the just resolution of disputes according to law and as quickly, inexpensively and efficiently as possible.

Note 1:       The parties to a proceeding must conduct the proceeding (including negotiations for settlement of the dispute to which the proceeding relates) in a way that is consistent with the overarching purpose (see section 191 of the Act).

Note 2:       These Rules must be interpreted and applied, and any power conferred or duty imposed by them must be exercised or carried out, in the way that best promotes the overarching purpose (see subsection 190(3) of the Act).

Note 3:       The Court may dispense with compliance with these Rules or make orders inconsistent with these Rules (see rule 1.07).

             (2)  To assist the Court, the parties must:

                     (a)  avoid undue delay, expense and technicality; and

                     (b)  consider options for primary dispute resolution as early as possible.

             (3)  If appropriate, the Court will help to implement primary dispute resolution.