Commonwealth Numbered Regulations

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (FAMILY LAW) RULES 2021 (F2021L01197) - RULE 4.01

             (1)  Subject to subrules (2) and (3), before starting a proceeding, each prospective party to the proceeding must comply with the pre-action procedures.

Note:          The pre-action procedures are set out in Schedule 1.

             (2)  Compliance with subrule (1) is not necessary if:

                     (a)  the proceeding is an application for divorce only; or

                     (b)  the proceeding is an application relating to nullity or validity of marriage only; or

                     (c)  the proceeding is a child support application or appeal; or

                     (d)  the proceeding involves a court's jurisdiction in bankruptcy under section 35 or 35B of the Bankruptcy Act; or

                     (e)  the court is satisfied that, in the circumstances, it was not appropriate for a party to comply with the pre-action procedures.

             (3)  For the purposes of paragraph (2)(e), circumstances include the following:

                     (a)  for a parenting proceeding--the proceeding involves allegations of child abuse or family violence, or of a risk of child abuse or family violence;

                     (b)  for a property proceeding--the proceeding involves allegations of family violence, or of a risk of family violence;

                     (c)  the application is urgent;

                     (d)  the applicant would be unduly prejudiced;

                     (e)  there has been a previous application in the same cause of action in the 12 months immediately before the start of the proceeding.

             (4)  A person who starts a proceeding by making an application for final orders, or a respondent to an application for final orders, must indicate in the Genuine Steps Certificate filed with the application or response either:

                     (a)  that the person has complied with the pre-action procedures; or

                     (b)  the factual basis on which the court should be satisfied that it was not appropriate for the person to comply with the required pre-action procedures.

             (5)  A person who is legally represented must comply with subrule (4) through the person's legal representative.

Note 1:       The court publishes a brochure setting out the pre-action procedures for financial proceedings and parenting proceedings.

Note 2:       Subsections 60I(7) to (12) of the Family Law Act provide for attendance at family dispute resolution before applying for a parenting order in relation to a child.