PROPERTY & FINANCIAL SETTLEMENTS
The Federal Circuit and Family Court of Australia expects parties to engage in pre-action procedures, designed to try and assist a resolution of proceedings, without the need to resort to litigation.
The pre-action procedures require parties to:
- Exchange financial disclosure.
- Agree upon a dispute resolution service and attend the service
- If no agreement can be achieved during the dispute resolution process, you must provide written notice to the other party that you intend to commence proceedings and set out:
- The issues in dispute.
- The orders you propose to seek.
- A genuine offer to resolve the issues.
- A nominated time (at least 14 days after the date of the letter) within which the other person must reply.
If a party commenced proceedings without complying with the pre-action procedures, then the Court may:
- where there is unreasonable non-compliance, order the non-complying party to pay all or part of the costs of the other party or parties in the case, and/or
- take compliance or non-compliance into account when making orders about how your case will progress through the Court.