The aim of the pre-action procedures is to explore possibilities for resolution and, where a dispute cannot be resolved, to narrow the issues that require a court decision. This should control costs and if possible, resolve disputes quickly, ideally without the need to apply to a court.
The pre-action procedure applies to: • anyone considering starting a case • anyone named as a respondent if a case is started, and • their lawyers (if any).
The Family Law Rules requires prospective parties to genuinely try to resolve their dispute before starting a proceeding in the Court. This is called taking ‘genuine steps’ to resolve the issues in dispute. Except for those situations listed under the heading ‘What applications are exempt?’, all prospective parties must:
read the pre-action procedures
make inquiries about, invite the other parties to and where it is safe to do so, participate in dispute resolution services, such as family counselling, negotiation, conciliation or arbitration
if dispute resolution is unsuccessful, write to the other parties, setting out their claim and exploring options for settlement, and
comply, as far as practicable, with the duty of disclosure by exchanging relevant documents.
Anyone who does not comply (unless exempt) risks serious consequences, including costs penalties.
博通家庭法（离婚）律师熟悉预备程序并会督促对方遵守预备程序。博通这么做可以尽量节约您离婚分居的律师费用。
来源：澳洲联邦巡回与家庭法院
