Phase three
Pre-action procedures
Prior to court proceedings
If your matter proceeds to court, there are court mandated pre-action procedures that you are required to comply with.
For example, unless exceptions apply, parties to a parenting matter must attend family dispute resolution (FDR) before filing a court application. FDR is a conference attended by both parties and convened by a family dispute resolution practitioner, aimed at encouraging the parties to negotiate a parenting agreement without going to court. There are government-funded FDR centres throughout Australia, as well as private mediators who facilitate FDR. We can assist by representing you at a private FDR and formalising any agreement reached at FDR into a parenting plan or consent orders. Find out more here.
If an agreement cannot be reached at FDR, the mediator will issue the parties with a certificate, known as a section 60I certificate, which is required to be produced to the court when commencing proceedings in relation to parenting matters. There are some circumstances where the parties will be exempt from attending FDR and providing a certificate, for example where there are allegations of family violence or where the matter is deemed sufficiently urgent.
Access guidance issued by the court
Pre-action procedures in parenting matters
Pre-action procedures in financial matters
> Click here to move to phase one: First steps
> Click here to move to phase two: Dispute resolution
> Click here to move to phase three: Pre-action procedures
> Click here to move to phase four: Preparation for court
> Click here to move to phase five: Implementation
> Click here to view more about Disclosure
> Click here to view more about binding financial agreements