Commonwealth Consolidated Regulations

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (FAMILY LAW) RULES 2021 - RULE 1.04

  (1)   The overarching purpose of these Rules, as provided by section   67 of the Federal Circuit and Family Court Act, is to facilitate the just resolution of disputes according to law and as quickly, inexpensively and efficiently as possible.

Note 1:   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   67(3) of the Federal Circuit and Family Court Act).

Note 2:   See sections   190 and 191 of the Federal Circuit and Family Court Act in relation to the overarching purpose of the Rules of the Federal Circuit and Family Court (Division   2). See also the Federal Circuit and Family Court of Australia (Division   2) (Family Law) Rules   2021 which applies these Rules with modifications.

  (2)   Parties to family law proceedings 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.

Note:   See subsection   68(1) of the Federal Circuit and Family Court Act.

  (3)   A party's lawyer must, in the conduct of a proceeding before the court (including negotiations for settlement) on the party's behalf:

  (a)   take account of the duty imposed on the party referred to in subrule (2); and

  (b)   assist the party to comply with the duty.

Note:   See subsection   68(2) of the Federal Circuit and Family Court Act.