Commonwealth Numbered Regulations

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (FAMILY LAW) RULES 2021 (F2021L01197) - RULE 4.04

             (1)  If:

                     (a)  a person makes an application for a final order without complying with the pre-action procedures; and

                     (b)  the court considers that no exception in subrule 4.01(2) applied to the application;

the court may stay the application, on its own initiative or on the application of the respondent, until the applicant complies with the pre-action procedures.

             (2)  The court may take into account a party's failure to comply with rule 4.01, 4.02 or 4.03 when considering whether to make an order as to costs.

             (3)  The court may take into account the involvement of a legal practitioner in a party's failure to comply with rule 4.01, 4.02 or 4.03 when considering whether to make an order as to costs.

Note:          Rules 12.15-12.16 relate to the making of costs orders against lawyers.