(1)

Before starting a case, each prospective party to the case must comply with the pre-action procedures, the text of which is set out in Schedule 1, including attempting to resolve the dispute using primary dispute resolution methods.

(2)

Compliance with subrule (1) is not necessary if:

(a)

for a parenting case — the case involves allegations of child abuse or family violence;

(b)

for a property case — the case involves allegations of family violence or fraud;

(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 case;

(f)

the case is an Application for Divorce; or

(g)

the case is a Child Support Application or Appeal.

Note 1
The court publishes a brochure setting out the pre-action procedures for financial cases and parenting cases.
Note 2
The court may take into account a party's failure to comply with a pre-action procedure when considering whether to order costs (see paragraph 1.10 (2) (d)).