Confidential Case Outline document (Dispute Resolution)

The Central Practice Direction - Family Law Case Management requires each party to prepare a Confidential Case Outline in the approved form before Dispute Resolution (paras 6.33 to 6.36). It is provided on a without prejudice basis and is not placed on the court file. The practice direction says such documents are privileged and cannot be used in contested hearings or for any purpose other than genuine attempts to resolve the dispute, and that evidence of documents prepared for Dispute Resolution is not admissible except in the limited circumstances in s 131 of the Evidence Act 1995 (para 6.27). The outline sets out the documents relied on and each party's position on parenting and financial issues, so the registrar or mediator can run a focused negotiation.

When you need it

• Your case is listed for court-based Dispute Resolution, such as a Conciliation Conference, Judicial Settlement Conference or Family Dispute Resolution Conference with a Registrar (para 6.36).
• You are going to private mediation, external family dispute resolution or arbitration: provide it to the mediator, FDR practitioner or arbitrator (para 6.34).
• Not for interim or final hearings: the court publishes separate Case Outline forms for those.

1. 1

   Header and Part A

   Give the full name of the party it is prepared for and tick applicant, respondent or other. In Part A enter the applicant's and respondent's family and given names.

2. 2

   Part B - documents relied upon

   List each court document you rely on for the conference, such as the Initiating Application or Response, affidavits, Financial Statement and expert reports, with who filed it and the date of filing.

3. 3

   Choose the right parts

   Parenting only: complete Parts C and E. Financial or property only: complete Parts D and E. Both: complete every part.

4. 4

   Part C - parenting

   Set out the arrangements already agreed (including where you agree on substance but not wording), the issues relevant to the children's best interests under s 60CC of the Family Law Act, any changes to current arrangements, and any family violence orders made or applied for since the case started.

5. 5

   Part D - financial or property

   Complete the tables of assets, liabilities, superannuation and financial resources with each party's values. Then address disclosure (ss 71B, 90RI), contributions (s 79(4) or 90SM(4)), current and future circumstances (s 79(5) or 90SM(5)) with any percentage adjustment, justice and equity, the overall division sought, the property you would keep, a chronology, and maintenance if claimed.

6. 6

   Part E - certification

   Sign and date, and tick whether it is signed by the party, their lawyer or the Independent Children's Lawyer. The form notes that parties are expected to make and consider reasonable offers and that failing to do so may have costs consequences.

• Do not file it. The court's form page says it is provided to the court by email or to the private mediator, and will not be placed on the court file.
• Court-based Dispute Resolution: unless the court directs otherwise, no later than 14 days before the event provide the court and each other party with a single collated bundle containing the Confidential Case Outline, a minute of the orders sought, relevant documents exchanged, and in financial cases the valuation, superannuation and trustee procedural fairness material (para 6.36).
• Private or external Dispute Resolution: give the outline to the mediator, FDR practitioner or arbitrator with copies of any family violence orders and a Certificate of Dispute Resolution for completion (para 6.34).

• Make sure disclosure is complete before the conference. The practice direction expects parties to be in the most informed position possible (para 6.30).
• Keep the percentages and the list of property you propose to keep consistent with each other and with the values in your asset tables.
• Non-attendance or non-compliance that stops Dispute Resolution going ahead can lead to costs consequences (para 6.31).