Commonwealth Consolidated Regulations

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