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Changes to Federal Circuit Court Property Proceedings

Changes to Federal Circuit Court Property Proceedings for Asset Pools Under $500,000

On 1 March 2020 the “Federal Circuit Court of Australia Practice Direction No.2 of 2020” came into effect. This practice direction sets out a different process for case management for cases that meet the definition of a Priority Property Pool under $500,000 case (“PPP500”) which allows for a more efficient and less expensive process to resolve less complex property matters in the Federal Circuit Court.

Changes to Federal Circuit Court Property Proceedings

What are the requirements for a PPP500 case?

A case will be considered a PPP500 case if:

  • The Applicant is seeking property Orders only;
  • The Initiating Application was filed in the Parramatta, Brisbane, Adelaide or Melbourne Registries after 1 March 2020; and
    • The value of the net property of the parties (including superannuation) is under $500,000; and
    • There are no entities (such as a family trust, company or self-managed superannuation fund) owned or in the effective control of either party that might require valuation or expert investigation.

What’s different about a PPP500 case?

Generally, when a party is seeking property orders they are required to commence proceedings through the filing of an Initiating Application, an Affidavit and a Financial Statement.

For a PPP500 case, the requirement to file an Affidavit and Financial Statement is waived until:

  • The Court directs a party to file an Affidavit or Financial Statement; OR
  • Alternative Dispute Resolution fails and directions requiring the filing of an Affidavit and Financial Statement are made for trial.

 

Changes to Federal Circuit Court Property Proceedings

Parties seeking property orders for PPP500 cases will only be required to file an Initiating Application and a PPP500 Financial Summary which will likely significantly reduce any legal costs incurred through commencing proceedings.

Changes to Federal Circuit Court Property Proceedings – Contact Us

If you want more information about what you need to do to finalise your property settlement,  or if you require assistance with any other area of Family Law including parenting or child support matters please contact Watts McCray Lawyers.