In September 2021, the Federal Circuit Court and Family Court of Australia was merged into one Court now known as the Federal Circuit Court and Family Court of Australia. The merging of the Courts has brought some significant changes and obligations on parties to engage in pre-action procedures and attempt to resolve their dispute before they can issue Court proceedings unless they meet an exemption to do so in limited circumstances.
Prior to making an application to the Court for either parenting orders or a property settlement, it is mandatory that parties observe the following pre-action procedures:
Disclosure is an ongoing obligation for each party, so there may be several instances where you will need to exchange updated documents as the matter progresses.
At Gordon Legal, we recommend that you obtain advice from an experienced family lawyer to assist you with navigating the pre-action procedures and negotiations. It is often invaluable to know your rights and where you stand in relation to a settlement before you make a settlement offer or engage in mediation. Having legal representation can put parties in a better position to reach agreements and avoid the stress and costs of court proceedings.
If you have reached an agreement with the other party, we can assist you with drafting formal settlement documents to formalise your agreement.
If you cannot reach a settlement after completing the pre-action procedures and mediation, we can assist you with making an application to the Court for a settlement.
Please contact Gordon Legal today if you require family law advice.
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