Exemptions

The Court recognises there are situations where it is not appropriate to require compliance with the pre-action procedures.

You do not have to comply if your property order application:

• is a child support application or appeal, or
• involves the Court’s bankruptcy jurisdiction.

You may also not have to complete the pre-action procedures if your application:

• involves allegations of family violence, or the risk of family violence
• involves allegations of fraud
• is urgent
• would be unduly prejudiced if pre-action procedures were complied with (for example, where there is a genuine concern that the other person would attempt to defeat the claim if they had prior knowledge of the application)
• involves a genuinely intractable dispute
• is made close to a time limitation expiring
• has been the subject of another application in the 12 months immediately before the start of the case.

 

Parties must not use the pre-action procedure for an improper purpose. For example, to harass the other party or cause unnecessary cost or delay. You must also not raise irrelevant issues or issues that might cause the other party to adopt an entrench, polarised or hostile position. You are expected to use the process to make a genuine attempt to resolve your dispute or narrow the issues in dispute.

The Court expects parties to take a sensible and responsible approach to pre-action procedures. You are not expected to follow the pre-action procedures to your detriment if reasonable attempts to follow them have not achieved a satisfactory result.

Last updated: 16-Apr-2018

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