Family Court Rules 2002

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416Y Settlement conference

(1)

Under section 46Q of the Act, the purpose of a settlement conference is to enable a Judge to—

(a)

ascertain whether any or all of the issues in dispute between the parties can be settled; and

(b)

settle those issues.

(2)

Rules 178 to 180 do not apply to a settlement conference under this Part, except that—

(a)

rule 178(3) and (4) applies; and

(b)

rule 179(3) applies.

(3)

A Judge may, on request by a party, permit any person to attend a settlement conference as a support person for that party, and the Judge must agree to such a request unless he or she considers there is a good reason why the named support person should not be permitted to be present.

(4)

At the conclusion of a settlement conference the Judge may make any direction that he or she thinks fit and must do 1 or more of the following:

(a)

make a consent order (under section 46Q(3) of the Act) settling some or all of the issues in dispute:

(b)

direct that the application proceed to a hearing, but only if—

(i)

the Judge is satisfied that all the issues in dispute between the parties cannot be settled at the settlement conference; and

(ii)

the Judge has indicated to the persons attending the conference that he or she has formed that view:

(c)

if section 46F of the Act applies, direct the parties to attend FDR.

(5)

If the Judge directs, under subclause (4)(b), that the application proceed to a hearing,—

(a)

the Judge may do any of the relevant things referred to in rule 175D(2), and may also do anything referred to in rule 416Z(2); and

(b)

if the Judge directs also that a directions conference be held, the directions conference must be convened, if reasonably practicable, within 4 weeks after the settlement conference.

(6)

A Judge who presides over a settlement conference may also preside over any hearing that follows it, whether or not the parties consent.

Rule 416Y: inserted, on 31 March 2014, by rule 42 of the Family Courts Amendment Rules (No 2) 2014 (LI 2014/4).