Blog post by Jeremy Gitsham
While it’s always advisable to avoid litigation in family law matters, in some circumstances there is no alternative. In these cases, the pathway to finalising a property settlement can be expensive and uncertain—and given the Family Law system is under immense pressure, it can take matters over two years to reach a final trial.
In an attempt to expedite matters where a property pool is relatively small, the Federal Circuit Court of Australia introduced Practice Direction No. 2 of 2020: Family Law (Priority Property Pools under $500,000) Financial Cases (‘PPP500’).
The purpose of the practice direction is to provide efficient and timely resolution of cases where the net asset pool is under, or thought to be under, $500,000, and where the cost of the application is reasonable and proportionate.
Case management of a PPP500 case involves:
- Registrar-led triage and resolution—where a Registrar can assist separating couples reach an agreement in the shortest time possible; and
- Short-form Judge-managed lists—applying procedurally simpler processes to determine matters.
Features
- Reduced delays.
- Opportunities for parties to discuss and take ownership of dispute resolution planning.
- Opportunities for settlement at an early stage.
- Unnecessary Court appearances are eliminated.
Limitations
Applications under the PPP500 are currently limited to the Adelaide, Brisbane, Melbourne and Parramatta Registries, and only where the property pool is under, or appears to be under, $500,000 and where there is no family trust, company, or self-managed superannuation fund owned or under the effective control of either party. Matters concerning parenting, spousal maintenance, child support, child maintenance and contravention applications are not PPP500 matters.
If you are going through a separation and would like to discuss your options for settling property matters, contact Culshaw Miller Lawyers Adelaide today to arrange an appointment with one of our experienced family lawyers.