New approach for family law property disputes saves time, money and stress for people facing family violence and other risks

Federal Circuit and Family Court of Australia

Today, the Federal Circuit and Family Court of Australia (Division 2) (the Court) officially commences the national expansion of its case management process known as the Priority Property Pool (PPP) which provides a simplified way of resolving property disputes and aims to minimise risk, legal costs, and to preserve the parties’ assets.

The PPP pilot has been operating since March 2020 in Adelaide, Brisbane, Melbourne and Parramatta in which cases were carefully managed by registrars to ensure they were able to progress quickly to dispute resolution conferences or, if necessary, a timely and streamlined trial before a Judge.

The PPP generally involves property disputes where the net asset pool is valued up to $550,000 (excluding superannuation), and for other cases that have been identified as being suitable for the PPP, which may include those that are less complex or feature family violence or other risks to the parties.

Chief Justice Alstergren AO said that the Court is proud of the success of the pilot and is pleased that the Commonwealth Government has provided ongoing funding of $7.6 million annually through the Women’s Economic Security package to enable the PPP to be expanded to include all (17) filing registries throughout Australia which will benefit many more families nationally.

“It is well known that litigation in the courts can be very costly and time-consuming and can lead to long-term acrimony between the parties. Many people, particularly those who have been victims of family violence, are also very reluctant to engage in court action due to the cost and the ongoing conflict with the perpetrator.

“Research also shows that many women are reluctant to leave an abusive relationship because they have no money, nowhere to live, and no access to resources. The PPP process aims to provide a simple and safe solution.

“The PPP has been developed for parties who are at risk and may be reluctant to engage with the court system by making the process easier to navigate, reducing costs and importantly, minimising acrimony between parties.

“The PPP is one of many initiatives that have been implemented by the Court in recent years to improve access to justice, and to keep families safe.

“The Court acknowledges the work that has been achieved by the Women’s Legal Services in this area and we look forward to working collaboratively with them and the state-based legal aid bodies, law societies and Bar associations to continue to help families in need,” Chief Justice Alstergren said.

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