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Discrete property list

What is the Discrete Property List?

Wednesday 8th of April 2020
By: Charlotte Geddes, Senior Associate & Accredited Family Law Specialist, Coote Family Lawyers

Thanks to the team at Coote as your efforts have made a huge difference in the quality of the time I have with my daughter.

My matter has been listed in the Federal Circuit Court of Australia Discrete Property List - what does this mean?

The Federal Circuit Court of Australia has now created a Discrete Property List which will case manage applications seeking property orders only.

The first return date for such an Application will now take place before a Registrar at a Directions Hearing, rather than being listed before a Judge at the Duty List Hearing.

At the Directions Hearing, parties will be encouraged to agree to a timetable by consent for the future progression of the matter, including making specific orders engaging valuers and mediators.

If there are interim issues that need to be determined at the first return date, the Registrar will refer matters back to the Judge to whom the matter was originally docketed.  If the Interim application is anticipated to take more than one hour of the Court’s time, the matter will be adjourned to an Interim Hearing on another date. Matters that are anticipated to take less than one hour will be referred to the Judge on that day.

At the Directions Hearing, Registrars are ensuring that parties are compliant with their obligations pursuant to the Federal Circuit Court Rules 2001 and making costs orders in the event that they are not. 

It is expected that litigants and their solicitors attend the Directions Hearing, along with specific lists of the financial documents they require, the name and availability of three valuers and the name and availability of three mediators.  Conciliation Conferences will only be allocated for property pools of less than $500,000 (excluding superannuation).  If the asset pool is more than $500,000, the parties will jointly engage a mediator. Parties are required to obtain procedural fairness from the trustee of the superannuation fund before the Directions Hearing if either party is seeking a superannuation split. 

Prior to the Conciliation Conference, the Registrar will contact the parties solicitors to confirm their compliance with the Orders and Rules.  The Conciliation Conference will be adjourned and allocated to another date if a party has not complied with the Orders and the Rules.  If the parties are attending a private Mediation, the matter will be listed for a Directions Hearing following the Mediation.  Only at that time will the matter be listed for a Final Hearing.

The new Property List has been designed to ensure that parties comply with the Rules and Court Orders in an attempt to streamline the Court process and ensure that matters are progressed in an efficient and timely manner. 

Coote Family Lawyers is recognised as one of the top family law firms in Melbourne.  If you need advice or assistance please do not hesitate to contact one of our team of top family lawyers on 03 9804 0035.

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