F1Part 3Non-court Dispute Resolution

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Amendments (Textual)

Chapter 2:The Court’s Duty and Powers Generally

The court’s duty to consider non-court dispute resolution3.3

1

The court must consider, at every stage in proceedings, whether non-court dispute resolution is appropriate.

F21A

When the court requires, a party must file with the court and serve on all other parties, in the time period specified by the court, a form setting out their views on using non-court dispute resolution as a means of resolving the matters raised in the proceedings.

2

In considering whether non-court dispute resolution is appropriate in proceedings which were commenced by a relevant family application, the court must take into account –

a

whether a MIAM took place;

b

whether a valid MIAM exemption was claimed F3...; and

c

whether the parties attempted mediation or another form of non-court dispute resolution and the outcome of that process.