1. PRE-FILING DISPUTE RESOLUTION
The Family Law Rules require prospective parties to genuinely try to resolve their dispute before starting a case.
PRE-ACTION PROCEDURES FOR FINANCIAL CASES
PRE-ACTION PROCEDURES FOR PARENTING CASES
COMPULSORY FAMILY DISPUTE RESOLUTION (PARENTING CASES)
CONSENSUAL ARBITRATION (FINANCIAL CASES)

2. POST-FILING DISPUTE RESOLUTION
COUNSELLING IN PARENTING CASES
CASE ASSESSMENT & CONCILIATION CONFERENCES IN FINANCIAL CASES
CONSENSUAL ARBITRATION (FINANCIAL CASES)
CHILD RESPONSIVE PROGRAM & LESS ADVERSARIAL TRIAL

3. Pre-action procedure objectives
early & full disclosure - exchange information & documents about prospective case
help resolve differences quickly and fairly
avoid legal action - limit costs & avoid the need to start a court case.
identify real issues in dispute – reduce time and cost
encourage parties to seek only those orders that are realistic and reasonable on the evidence.

4. The pre-action procedure applies to:
■ anyone considering starting a case
■ anyone named as a respondent if a case is started, and
■ their lawyers (if any)

5. All prospective parties must:
Participate in dispute resolution services eg. family counselling, negotiation, conciliation or arbitration.
If DR unsuccessful, write to the other parties, setting out their claim and exploring options for settlement.
Comply, as far as practicable, with duty of disclosure
Non-compliance (unless exempt) risks serious consequences, including costs penalties.

6. What applications are exempt?
■ for divorce only, or
■ for child support only, or
■ where the case includes the Court’s bankruptcy jurisdiction
■ if Court accepts pre-action not possible/inappropriate

7. May not be appropriate where:
■ urgency
■ allegations of family violence
■ allegations of fraud
■genuinely intractable dispute
■person would be unduly prejudiced or adversely affected if another person
■ became aware of the intention to start a case
■ time limitation about to expire
■ previous application about same issue in past 12 months
■ genuine dispute about existence of a de facto relationship, or party’s choice to agree to the jurisdiction of the Family Law Act 1975

8. OBLIGATIONS AS A PROSPECTIVE PARTY TO A CASE
STEP 1 Invite the other parties to participate in dispute resolution
STEP 2 Agree on a dispute resolution service and attend the service
STEP 3 Written notice of issues and future intentions
STEP 4 Replying to the notice of claim
STEP 5 Taking other action

9. Duty to make timely, full and frank disclosure
Parties should promptly exchange copies of documents in their possession or control relevant to an issue in the dispute before as well as after starting a case including:
■ a schedule of assets, income and liabilities
■ a list of documents in the party’s possession or control that are relevant to the dispute, and
■ a copy of any document required by the other party, identified by reference to the list of documents.

10. Disclosure and exchange of correspondence – property case
■ 3 most recent taxation returns and assessments
■ documents about any relevant superannuation interest
■ for a corporation (business), trust or partnership - financial statements for each (including balance sheets, profit and loss accounts, depreciation schedules and taxation returns) for the three last financial years
■ for the party or a corporation (business), trust or partnership - BAS for 12 months prior to first court date
■ for any corporation, its most recent annual return, listing directors and shareholders; and the corporation’s constitution
■ for any trust, the trust deed
■ for any partnership, the partnership agreement, including amendments, and
■ unless the value is agreed, a market appraisal of any item of property in which a party has an interest

11. Lawyers’ obligations Lawyers must as early as practicable:
■ advise clients of ways of resolving the dispute without starting legal action
■ advise clients of their duty to make full and frank disclosure, and of the possible consequences of breach
■ if in the best interests of the client and any child, endeavour to reach an agreement rather than start or continue legal action
■ notify client if, in the lawyer’s opinion, it is in the client’s best interests to accept a reasonable compromise or settlement
■ in cases of unexpected delay, explain the delay to their client and whether or not the client may assist to resolve the delay

12. Lawyers’ obligations cont’d
■ advise clients of the estimated costs of legal action ■ advise clients about factors which Court may consider in costs orders ■ actively discourage clients from making ambit claims or seeking orders which the evidence and established principles, including recent case law indicates, is not reasonably achievable, and ■ provide clients with documents prepared by the Court about: the social and legal effects of separation the services provided to families by the Family Law Courts and by government, community and other agencies, and the obligations created by & consequences for failing to comply with an order.