Prior to filing an application to commence parenting proceedings, the parties are required to comply with the pre-action procedures as set out in the Family law Rules. The procedures require the parties to take genuine steps to resolve the dispute before proceedings are commenced. Provided it is safe to do so, the pre-action procedures require the applicant to:

1. give a copy of the pre-action procedures to the other parties;
2. inquire about the family dispute resolution services available; and
3. invite the other parties to participate in family dispute resolution with the practitioner to be agreed.

The procedures also require that each party:

1. co-operate in agreeing on an appropriate family dispute resolution service; and
2. make a genuine effort to resolve the dispute by participating in family dispute resolution.

  If during the dispute resolution process an agreement is reached, then the arrangements can be formalised by filing an Application for Consent Orders. Exceptions While all parties are required to comply with the pre-action procedures and attend family dispute resolution, the following exemptions apply if:

1. the proceedings involve allegations of child abuse or family violence, or there is a risk of child abuse or family violence;
2. the application is urgent;
3. compliance would unduly prejudice one of the parties; or
4. there has been a previous application in the same cause of action in the 12 months immediately before the start of the proceeding.

If a party submits that an exemption applies not requiring them to attend dispute resolution, an Affidavit or an Affidavit – Non-Filing of Family Dispute Resolution Certificate, setting out the factual basis of the exception claimed, must be filed. It is important to note that parties are not expected to continue to follow the pre-action procedures if it is not safe to do so, or if reasonable attempts to follow the pre-action procedures have not achieved a satisfactory solution. Prior to Filing the Application Before filing an application, the applicant must give to the other party a written notice of intention to start a proceeding. This sets out the issues in dispute, the orders sought, a genuine offer to resolve the issues, and the timeframe for a response. The parties are also required to comply with their disclosure obligations to make full and frank disclosure, and exchange all relevant information related to a parenting application. Documents to be Filed with an Initiating Application

1. All family law matters are subject to disclosure obligations to make full and frank disclosure. This requires both parties to exchange all relevant information related to a parenting application throughout the course of the matter. The court also requires the following documents to be filed with an Initiating Application: a certificate given to the applicant by a family dispute resolution practitioner under section 60I of the Family Law Act;
2. a Genuine Steps Certificate;
3. a Notice of Child Abuse, Family Violence or Risk;
4. unless the Family Law Rules require an affidavit to be filed, a Parenting Questionnaire;
5. an Undertaking as to Disclosure;
6. a copy of any family violence order affecting the child or a member of the child’s family; and
7. if the application seeks interlocutory orders, an affidavit stating the facts relied on in support of the interlocutory orders sought.

An affidavit is not required to be filed with an Initiating Application that seeks only final orders.