People often think they can “just file” in the Federal Circuit and Family Court of Australia and let a judge sort everything out. In reality, the system pushes you to do the hard work first. Therefore, before you start most family law proceedings, you must take specific pre action steps. If you skip them, the Court can hit you in the
wallet with costs orders or slow your case down until you comply.

This article explains what pre action procedure means in practice, how it differs between parenting and property cases, and where the Family Law Act 1975 (Cth) (the Act) fits into the picture. It is written for people who want straight answers and are looking for the Best Family Law Solicitors in Sydney to guide them through the process.

What “pre action procedure” actually means?

Pre action procedure describes the steps you must take before you file an application in the Federal Circuit and Family Court of Australia. The detailed requirements sit in the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (the Rules) especially Schedule 1 (Pre action procedures). In simple terms, the Rules expect you to make a genuine effort to resolve the dispute, narrow the issues, and exchange enough information to negotiate properly.

However, the Act still matters because it creates important gatekeeping requirements in parenting cases, especially the family dispute resolution rule in section 60I.

So, think of it like this.

• The Rules tell you how to behave before you file.
• The Act sometimes decides whether you can file at all.
  

Parenting matters: section 60I and family dispute resolution

If you want parenting orders, you usually must attend family dispute resolution first and then file a section 60I certificate with your application. In other words, you normally need proof that you tried mediation before the Court accepts your case.

What is a section 60I certificate

A registered family dispute resolution practitioner issues the certificate. The certificate confirms what happened, for example whether both parties attended, whether one party refused, or whether the practitioner considered the matter inappropriate for dispute resolution.

When you do not need a section 60I certificate

You can still file in some situations. For example, the Act allows exceptions in cases involving urgency, family violence, child abuse risk, or certain other circumstances.

However, you must put evidence before the Court to rely on an exemption, usually by an affidavit.

How the broader “pre action” idea still applies in parenting cases

Even when section 60I drives the process, the Court still expects genuine steps to resolve issues and to narrow the fight. The Courts may take a dim view of parents who rush to litigation without trying to resolve matters first.

Financial and property matters: Schedule 1 pre action procedures

Property settlement and spousal maintenance disputes follow a more formal pre action pathway under the Rules. Schedule 1 of the Rules requires each prospective party to make a genuine effort to resolve the dispute before filing. Moreover, it warns of serious consequences for noncompliance, including costs penalties or a stay of the case until compliance occurs.

Although the Rules sit outside the Act, they operate alongside it. Also, since 10 June 2025, the Act’s property provisions changed significantly. As a result, the legal framework you negotiate under has shifted, even though the obligation to attempt resolution before filing remains firmly in place.

What you normally must do before filing in financial cases

In practice, you usually need to do the following.

• Write to the other party and clearly set out the issues and your proposals.
• Disclose relevant information early, so the other side can assess the claim properly.
• Attempt dispute resolution, such as negotiation, lawyer assisted negotiation, mediation, or arbitration where suitable.
• Narrow the issues, so you only ask the Court to decide what you genuinely cannot resolve.
  

The Genuine Steps Certificate and what it signals

In many family law filings, the Court wants confirmation that you followed pre action steps. For that reason, the Court requires a Genuine Steps Certificate in appropriate cases.

Do not treat this as a box ticking exercise. Instead, treat it as a warning label. If you sign it without real compliance, you create credibility problems immediately, and the Court can punish that conduct.

Consequences for skipping pre action steps

If you ignore pre action procedure, you may invite trouble. The Court can impose costs orders, delay your case, or force you back into compliance before allowing the matter to proceed.

Just as importantly, skipping pre action steps often backfires strategically.

• You file with weak evidence because you did not gather documents early.
• You widen the dispute because you never defined the real issues.
• You burn money on litigation that negotiation could have resolved.
  

Practical checklist: what you should do before you file
For parenting disputes

• Book family dispute resolution with an accredited practitioner.
• Prepare properly by identifying the child focused issues that matter.
• Obtain the section 60I certificate at the end of the process.
• If you rely on an exemption, gather evidence early and prepare a detailed affidavit explaining urgency, risk, or family violence concerns.
  

For property and financial disputes

• Identify the asset pool and liabilities using documents, not assumptions.
• Exchange disclosure early so negotiations have real substance.
• Make a written proposal and allow a sensible timeframe for response.
• Attempt mediation before you spend the property pool arguing about the property pool.
• Keep clear records of offers and steps taken, because the Court may ask.
  

Where the Family Law Act fits right now

When people talk about pre action procedure under the Family Law Act, they usually mean two things.

• Parenting entry requirements, especially section 60I and the obligation to attempt family dispute resolution before starting a parenting case.
• The legal framework you negotiate under, which has become even more important following the 2025 property law reforms.

Therefore, while pre action procedure largely sits in the Rules, the Family Law Act still shapes who can file, when they can file, and what orders the Court can ultimately make.

Final word

Pre action procedure does not exist to frustrate people, although it often feels that way. Instead, it exists because early disclosure and genuine negotiation usually protect children and preserve assets. Therefore, if you plan to file, treat pre action steps as part of the case, not as optional paperwork.

If you need guidance from the Best Family Law Solicitors in Sydney, Pannu Lawyers provide clear, strategic advice on pre action compliance, negotiation, and litigation readiness.