
There's good news for parties involved in family law property settlement disputes with a net asset pool under $500,000!
A new program called PPP500 has been launched in the Brisbane, Parramatta, Adelaide, and Melbourne registries of the Federal Circuit and Family Court of Australia. This program aims to provide a quicker and more cost-effective way to resolve property disputes for vulnerable parties.
The Family Court of WA has also introduced a new case management pathway for designated applications for a property settlement filed after 1 October 2023.
The goal of PPP500 is to improve the responsiveness of the family courts and simplify the resolution of property disputes, ultimately minimising risk and legal costs, and preserving the parties' assets. It strives to achieve a just, efficient, and timely resolution of PPP500 cases, ensuring that the cost to the parties is reasonable and proportionate to the circumstances.
To achieve these objectives, PPP500 focuses on identifying and narrowing the disputed issues and facilitating alternative dispute resolution (ADR) as soon as possible. If ADR is unsuccessful, the program offers an opportunity for a less adversarial trial or a hearing based on submitted documents.
What qualifies as PPP500?
If the case involves total net property (excluding superannuation entitlements) of $500,000 or less, and there are no entities that might require expert investigation (such as companies or trusts), and otherwise, no issues of complexity, and parenting orders are not sought, the case is likely to be classified as a PPP500 case.
Each prospective party to the proceeding (as in all proceedings) is expected to have complied with the pre-action procedures before the court proceedings are commenced.
A simplified financial statement and specialised affidavit may be utilised by each party to the proceedings when filing their initiating application or response.
Orders will be made in Chambers before the first court date to ensure parties have complied with their obligations of disclosure, discussed valuation issues, and are ready to negotiate.
An extended Conciliation Conference will be listed promptly after the first court hearing, and if the matter does not settle prior to or at the conference, it will then be expedited to trial.
Exclusions
It's important to note that PPP500 does not cover cases involving parenting orders, combined parenting and financial orders, child support, child maintenance, contravention applications, or enforcement applications.
Published by:
Published by Christine Weston
Founding Director and Creator of Divorce Resource
Australian Nationally Accredited Mediator and Divorce Coach
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