In a recent matter a Judge made the following notation:

“The parties are reminded of their obligations pursuant to sections 190 and 191 of the Federal Circuit and Family Court of Australia Act 2021 (Cth) “Overarching purpose of civil practice and procedure provisions” which require the parties to act consistently with the purpose of facilitating a just resolution of their dispute according to law and as quickly, inexpensively and efficiently as possible.”

This was in circumstances where one of the other parties had failed to answer correspondence from another party and had failed to complete certain required forms. Which, in turn, had necessitated the requesting party having to ask the Court to make an Order requiring compliance.

There are consequences that the Court can impose if a party falls foul of this duty - including making the non-compliant party pay costs towards the other party’s legal fees. 

In this matter it served as a timely reminder of that duty. Unfortunately there is still yet to be compliance, however that the Court made such a notation at this point in the proceedings means that all parties are on notice of the duty and by extension that there can be consequences for non-compliance. 

Liability limited by a scheme approved under Professional Standards Legislation