Introducing PP500 - Small Property Pool Procedure

There is nothing like a time of crisis to bring about innovation.

In the wake of the COVID-19 pandemic, the family law courts have been introducing practice directions of special measures in response to this evolving situation.

One innovation introduced by the Federal Circuit Court may have particular application to separating couples in Central Victoria. The court has introduced a special case management process for some straightforward property settlement disputes where the property interests of the parties (assets + super, minus liabilities) is likely to be $500,000 or less.

Property matters that fit into this category are common in Central Victoria, particularly where separating couples are not at the stage of their working lives where they have accumulated large amounts of superannuation.

The process is intended to get parties to a dispute into mediation (or other alternative dispute resolution) faster, reduce the amount of paperwork that needs to be prepared and closely monitor the case to identify opportunities to settle the matter without a trial.

For matters that cannot settle, the procedure for trials has been simplified to reduce costs and delays and get decisions out to parties more swiftly.

The process is not available for matters involving complex family trusts or business interests or for matters where there are also disputes about parenting arrangements.

One of the most encouraging things about this initiative is how the court intends to keep parties accountable in complying with court directions and reducing issues in dispute. There can otherwise be a real disadvantage for parties in cases with modest property pools where the other party flouts directions to exchange financial information, etc., causing escalated legal fees and pressure to accept an inadequate result.

Of course, the most cost-effective way to resolve a property settlement matter is by agreement without any court application being made. It is also certainly possible and encouraged for separating couples to participate in lawyer-assisted mediation outside of court altogether.

For advice about what would be an appropriate property settlement for yourself and what steps you can take to achieve that, make an initial appointment via Zoom with one of our family lawyers here.