Commonwealth Numbered Regulations

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FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (FAMILY LAW) RULES 2021 (F2021L01197) - RULE 4.11

Compulsory offer to settle

             (1)  This rule applies to a property proceeding.

             (2)  Each party must make a genuine offer to settle to all other parties within:

                     (a)  28 days after a conciliation conference or mediation; or

                     (b)  if no conciliation conference or mediation has been held or is to be held--28 days after the first court date; or

                     (c)  such further time as ordered by the court.

             (3)  The offer to settle must state that it is made under this Division.

Example:    The offer to settle must include a statement along the following lines:

                   This offer to settle is made under Division 4.2.2 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 .

Note 1:       An offer to settle is a factor that must be taken into account when the court exercises its discretion in relation to costs (see paragraph 117(2A)(f) of the Family Law Act).

Note 2:       Rule 1.33 sets out the consequences of failing to comply with these Rules.



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