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Need to send a Notice of Intention to Commence Court Proceedings?

Also known as a 'Notice of Intent', the Family Court sets out the criteria that you must follow before starting Family Court proceedings. These requirements are contained within the Federal Circuit and Family Court of Australia Rules (Family Law) 2021. In summary, the Rules say that:

If:

  • no dispute resolution service is available;

  • a person refuses or fails to participate, or

  • agreement is not reached through dispute resolution, a person considering applying to a court must give the other person/s written notice of the intention to start a proceeding (called a notice of intention), setting out:

    • the issues in dispute

    • the orders to be sought if a case is started

    • a genuine offer to resolve the issues, and

    • a nominated time (at least 14 days after the date of the letter) within which the other person must reply.

There are some circumstances where the Notice of Intent is not required, for example, if your matter is urgent. It is very important that you obtain legal advice if you are considering not sending the Notice of Intent, as you risk your matter being 'stayed' (paused until you send the Notice of Intent) at the first court date. You also risk the other person asking the court for you to pay their legal fees due to you not sending the Notice of Intent, or your Notice of Intent not addressing the right things. 

It can be very daunting writing your own Notice of Intent, to make sure you comply with the court rules. We are here to make that process simple for you.

No idea what the issues are?

Bamboozled by how to write orders?

Don't know how to make an offer?

Family Court Solutions has made sending a Notice of Intent easy for you by creating a purchasable guide.

Including an example of a Notice of Intent that you can copy and insert information that suits your circumstances. 

The family lawyers behind the guide.

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What our guide includes:

01

A detailed explanation of what a Notice of Intent actually is.

We explain the ins and outs of the letter, and what the Family Court says must be included to be compliant with your obligations. If you understand the requirements you will feel more confident in writing your own Notice of Intent. We lay the foundations for you.

02

An example letter with headings

We have included an example letter with important headings and descriptions in easy to understand language. No legal jargon or lawyer-speak. All you need to do is fill in the blanks!

03

Tips on how to make sure you address all the criteria of the letter, and a helpful summary on how the Court makes decisions in parenting and property matters.

We do not gatekeep information in our Notice of Intent guide. We give you the tools you need to address all the criteria so that you can reduce your legal fees. We have included summaries about the law so that you can make informed decisions about what to put in your Notice of Intent.

A Notice of Intent is a significant document. 

 

Having a lawyer write your Notice of Intent can involve:

  • a consultation 

  • a letter sent to you confirming your circumstances and advice to you about your situation 

  • writing the Notice of Intention 

  • getting your approval to send the Notice of Intention.

There is considerable amount of time and work in writing the Notice of Intention. If you write your own, you will save yourself hundreds of dollars in legal fees.

If you want to write your Notice of Intent yourself but don't know how.

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Don't forget - our guide is not legal advice!

It is important to note that this guide is exactly that... a guide. Whilst it is written by lawyers, it is not legal advice. Please use it to educate yourself on the Notice of Intention document, and some of the requirements. However, if you are unsure or if you have the ability to afford an ongoing lawyer, then please obtain legal advice or have a lawyer review your document prior to sending it to the other party.

 

We hope this resource provides you with the foundations you need so that you can save money on legal fees.

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