There is good news for parties to a family law property settlement dispute where the net asset pool is under $500,000 with the launch of a new programme running in the Brisbane, Parramatta, Adelaide and Melbourne registries of the Federal Circuit and Family Court of Australia. If you are in a family law property settlement dispute where the net asset pool is under $500,000 there is now a quicker and more cost effective means of resolving your dispute.
The aim of the PPP500 programme is to improve the responsiveness of the family courts for vulnerable parties so as to provide a simplified way of resolving property disputes which will minimise risk and legal costs, and best preserve the parties’ assets. The purpose is to achieve a just, efficient and timely resolution of PPP500 cases, at a cost to the parties that is reasonable and proportionate in the circumstances of the case.
The aim is to provide an improved response to achieving just, efficient and timely resolution of cases at a cost that is reasonable and proportionate to the circumstances of the case.
The purpose will be achieved by identifying and narrowing the issues in dispute and assisting the parties to undertake:
Alternative Dispute Resolution (ADR) at the earliest opportunity; and
where ADR is unsuccessful, providing an opportunity for a less adversarial trial or a hearing on the papers.
What is a PPP500 Case?
PPP500 Case means a case where:
The Initiating Application (Family Law) was filed in the Brisbane, Parramatta, Adelaide or Melbourne Registries after 1 March 2020 and invokes the jurisdiction of the Federal Circuit Court of Australia arising out of a matrimonial cause or de-facto financial cause pursuant to the Family Law Act; and
the value of the net property of the parties (including superannuation interests) is (or appears to be) 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; or
the Court makes a declaration or notation that the case is designated as a PPP500 case.
A case filed by way of an Initiating Application filed in Family Court of Australia in the Brisbane, Parramatta, Adelaide or Melbourne Registries after 1 March 2020, and transferred to the Federal Circuit Court may be designated as a PPP500 case.
The following cases are not PPP500 cases:
cases where parenting orders are sought;
cases where parenting and financial (property and/or spousal maintenance or other financial) orders are sought together;
Child support cases;
Child maintenance cases;
Contravention applications; and
More Information about PPP500
For more information, see the following Guide for Practitioners and Parties in PPP500 cases which explains the procedural arrangements for case management of PPP500 cases.
PPP500 Case Study
Jano Family Law was quick to take advantage of the new PPP500 process for clients whose net asset pool was under $500,000. Jano Family Law filed a number of applications in 2020 and the results are already starting to trickle in. A recent example was in the Parramatta registry of the Federal Circuit Court, where we filed an application for property settlement in October 2020. Once proceedings commenced, two directions hearings took place to deal with matters of mutual disclosure, thereafter the matter was set down for a Conciliation Conference in April 2021 and a settlement was achieved. The total time in the Court system between filing and a successful outcome was only 6 months. The client was very happy to achieve a result within the range of what is just and equitable and Jano Family Law’s stage-by-stage, fixed fee retainer ensured that the outcome was excellent for the client overall. The PPP500 process is a great choice for low asset pool situations where there are no parenting matters and where the parties need the Court’s assistance in their dispute.
How Jano Family Law Can Help You
We can help you determine if your situation qualifies for the streamlined PPP500 process and if so we can provide you with a competitive, stage-by-stage, fixed fee arrangement. Get started by completing our New Client Form.