PRE-ACTION PROCEDURES
Pre-action procedures are procedures which parties and their legal representatives can use to attempt to resolve a dispute, or otherwise narrow the issues in dispute so that a matter can be resolved outside of court.
For more information about pre-action procedures, please contact our Gold Coast family lawyers.
Essential Pre-actions For Court Proceedings
If you are proceeding in the Family Court of Australia (more complex family law matters), pre-action procedures are mandatory. If you are proceeding in the Federal Circuit Court of Australia (for most family law matters), they are not mandatory, however they are recommended by all practitioners. Usually a judge will make procedural orders that require pre-action procedures be attended to throughout the proceedings.
For more information, see court process.
Pre-action procedures include:
- Participating in dispute resolution
- Writing to the other party setting out the parameters of your claim (including a genuine offer to resolve the matter) and negotiating options for settlement
- Complying, as far as practicable, with the duty of disclosure
Gaining A Better Understanding
By complying with the abovementioned pre-action procedures, the parties are encouraged to exchange information and better understand the objectives of their opponent. By resolving the issues in dispute quickly, legal action can be avoided (or at least minimised) and this will limit costs and stress for both parties involved.
Of course, in certain circumstances, participating in pre-action procedures is not viable. For example:
- If your matter involves urgency, allegations of family violence or fraud
- In situations where your former partner simply refuses to negotiate
- If someone would be unduly prejudiced or adversely affected if another person became aware of the intention to start a case, such as attempting to defeat the claim or becoming increasingly aggressive as a result of the proceedings
- If a time limitation is close to expiring
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It is important to give pre-action procedures a genuine attempt. If the court finds that a genuine attempt was not made, the court may order that the non-complying party pay all or part of the other parties’ costs, and/or take non-compliance into account when making orders.
For more information see: Family Court of Australia, Before you file – pre-action procedure.
If you require any further assistance we invite you to contact our Gold Coast family lawyers for a free initial consultation to discuss your options.
Why Are Pre-action Procedures Important?
By following pre-action procedures you are encouraged to exchange information, further understand each other’s objectives, and resolve disputes quickly. This can help to avoid or reduce legal action and as a result, it can reduce costs and stress for both parties involved.
What Happens If Pre-action Procedures Are Not Genuinely Attempted?
The court may order the non-complying party to pay all or part of the other party’s costs and they may consider non-compliance when making orders.
How Can Ramsden Lawyers Assist?
Our family law team can guide you through the pre-action procedures, helping you to comply with legal requirements and increase the chances of resolving your dispute outside of the court.
How To Schedule a Consultation With A Family Lawyer
We know that reaching out to a family lawyer can be intimidating. To help you take the first step, we offer a complimentary 30-minute consultation. This confidential session can be held over the phone or in person at our offices in Bundall, Gold Coast, Milton, Brisbane, or the Sydney CBD.
To arrange your free consultation with one of our family lawyers, please call us at 1300 749 709 or fill out our online enquiry form.
At Ramsden Lawyers, we are committed to providing the support, expertise, and confidence you need to navigate your family law matters successfully.
