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New Joint Practice Direction

New Case Management for Financial Proceedings involving property of less than $500,000 - What does it mean for me?

Monday 2nd of March 2020
By: Justine Clark, Special Counsel and Accredited Family Law Specialist, Coote Family Lawyers

Thank you so much for your help this year, I am thrilled to have this resolved.

A new practice direction has issued from the Federal Circuit Court of Australia on 7 February 2020 relating to the case management of financial cases in the Brisbane, Parramatta, Adelaide and Melbourne Registries, involving property pools (including superannuation) of less than $500,000.

The practice direction implements a sensible initiative intended to expedite the resolution of financial matters involving small property pools, without parties incurring disproportionate legal costs to effect a financial separation.

The requirement to file an Affidavit when issuing proceedings will be dispensed with, until further direction, with the parties to engage in alternative dispute resolution (ADR).

If ADR does not lead to the parties achieving a resolution, a less adversarial trial will be held or there will be a hearing “on the papers” to provide a final determination.

You can access Practice Direction 2 of 2020 - Case Management - Family Law (Priority Property Pools under $500,000) Financial Cases here:

http://www.federalcircuitcourt.gov.au/wps/wcm/connect/fccweb/rules-and-legislation/practice-directions/2020/pd22020

Coote Family Lawyers are recognised as one of the top family law firms in Melbourne.  If you would like further information or advice, call us now on 03 9804 0035.




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