27 Sep Rule 12.05
Gone are the days where offers could be made and received in a vacuum in property matters. With the new Rules of the Family Law Courts coming into effect, each time an offer is made throughout a property settlement case, each lawyer must, in accordance with Rule 12.051 advise their client of the costs they have incurred to date and the costs they will likely incur to the conclusion of the Court proceedings. It is hoped, at least from our end, that this will lead to more sensible decisions being made by our opponents when genuine, commercial and at times extremely generous offers are made. Only when a party to litigation can be fully informed of their costs moving forward are they able to consider the making of a commercial decision, sensibly, to end the proceedings and, in many cases achieve a more positive result than blindly fighting to the death.
- Federal Circuit and Family Court of Australia (Family Law) Rules 2021