Section 102NH — Family Law Act 1975 (Cth)

(1) In giving effect to the relevant principles in section 102NE, the court must:

(a) ask each party to the proceedings whether the party considers that the party, or another party to the proceedings, has been, or is at risk of being, subjected to family violence; and

(b) in child‑related proceedings—ask each party to the proceedings whether the party considers that the child concerned has been, or is at risk of being, subjected to, or exposed to, abuse, neglect or family violence; and

(c) decide which of the issues in the proceedings require full investigation and hearing and which may be disposed of summarily; and

(d) decide the order in which the issues are to be decided; and

(e) give directions or make orders about the timing of steps that are to be taken in the proceedings; and

(f) in deciding whether a particular step is to be taken—consider whether the likely benefits of taking the step justify the costs of taking it; and

(g) make appropriate use of technology; and

(h) if the court considers it appropriate—encourage the parties to use family dispute resolution or, in child‑related proceedings, family counselling; and

(i) deal with as many aspects of the matter as it can on a single occasion; and

(j) deal with the matter, where appropriate, without requiring the parties’ physical attendance at court.

(2) Subsection (1) does not limit subsection 102NE(1).

(3) A failure to comply with subsection (1) does not invalidate an order.

Related sections

• s 102NE — Principles for conducting child‑related proceedings and property or other proceedings
• s 102NF — This Division also applies to proceedings in Chambers
• s 102NG — Powers under this Division may be exercised on court’s own initiative
• s 102NJ — Power to make determinations, findings and orders at any stage of proceedings
• s 102NK — Use of family consultants
• s 102NL — Rules of evidence not to apply unless court decides

Research how courts apply s 102NH

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