Family Court Rules 2021

Before starting a case each prospective party to the case must comply with the pre‑action procedures set out in Schedule 1.

Compliance with subrule (1) is not necessary if —

only parenting orders are sought in the case; or

the case involves allegations of family violence, or the risk of family violence, or fraud; or

the application is urgent; or

the application would be unduly prejudiced; or

there has been a previous application in the same cause of action in the 12 months immediately before the start of the case; or

the case is an application for divorce; or

the case is a child support application or appeal; or

the case involves the Court’s jurisdiction in bankruptcy under the Bankruptcy Act section 35 or 35B.