Family Court Rules 2002

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416Y Settlement conference


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


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


settle those issues.


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


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


rule 179(3) applies.


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.


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:


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


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


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


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


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


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


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


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.


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).