New Family Law Rules

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On 29 March 2004, the new Family Law Rules commenced operation.

New forms for use in Family Court proceedings have been prescribed by the new Rules, with the aim of reducing the number of forms. In addition, the new Rules are meant to be a simpler, plain English version.

Procedurally, there has not been a great deal of change to the way cases are managed in the Family Court. However, there is a new requirement that parties in any matter follow prescribed steps before any proceedings are commenced. These steps, referred to as pre-filing action, are designed to promote the negotiated settlement of disputes and to use Court proceedings as a final resort.

There has been a reinforcement of the obligation of parties to exchange information and documents relevant to the issues in dispute. Otherwise, the new Rules seek to impose obligations on parties to make a genuine attempt to settle a matter during the course of proceedings, with a requirement that a genuine Offer of Settlement by each party be filed after the Conciliation Conference.

It seems the main objective of the new Family Law Rules is to ensure that the real issues in dispute are more clearly defined at an earlier stage, and the parties provide an open exchange of information with a view to allowing them to make a more informed decision. Hopefully this will result in more cases settling earlier.

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