Commonwealth Numbered Regulations

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FAMILY LAW RULES 20042003 No. 375 - RULE 1.06

Promoting the main purpose

The court must apply these Rules to promote the main purpose, and actively manage each case by:

(a)
encouraging and helping parties to consider and use a primary dispute resolution method rather than having the case resolved by trial;

(b)
having regard to unresolved risks or other concerns about the welfare of a child involved;

(c)
identifying the issues in dispute early in the case and separating and disposing of any issues that do not need full investigation and trial;

(d)
at an early stage, identifying and matching types of cases to the most appropriate case management procedure;

(e)
setting realistic timetables, and monitoring and controlling the progress of each case;

(f)
ensuring that parties and their lawyers comply with these Rules, any practice directions and procedural orders;

(g)
considering whether the likely benefits of taking a step justify the cost of that step;

(h)
dealing with as many aspects of the case as possible on the same occasion;

(i)
minimising the need for parties and their lawyers to attend court by, if appropriate, relying on documents; and

(j)
having regard to any barriers to a party's understanding of anything relevant to the case.



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