Articles

In both parenting and property matters, each party is required to make a genuine effort to resolve the issues in dispute prior to filing an application with the court.

To show they have done so, parties must comply with the Pre-Action Procedures. These are processes to be used by parties and their legal representatives to resolve a dispute, or part thereof, so the dispute (or as many issues as possible), can be resolved outside of court.

Pre-Action Procedures encourage early and full disclosure of information and the early resolution of disputes, saving time, money and the need to seek legal action.

The types of Pre-Action Procedures to undertake differ between parenting and property matters. See the following links to the prescribed Federal Circuit & Family Court of Australia brochures outlining the respective procedures:

• Property matters: https://www.fcfcoa.gov.au/fl/pubs/pre-action-financial

• Parenting matters: https://www.fcfcoa.gov.au/fl/pubs/pre-action-parenting

Pre-Action Procedures must be complied with, with only limited exceptions (although there are cases where they don’t need to be complied with if there is urgency or it is unduly prejudicial for a party to do so; and we can discuss the requirements for these pathways if they are relevant to your situation), and compliance needs to be confirmed by filing a Genuine Steps Certificate alongside your application.

This is general information only. It is not intended to be legal advice. For advice and assistance with resolving your family law matter and navigating the pre-action procedures, feel free to contact our firm on (03) 9500 2299 to book an appointment with one of our solicitors.