Delays within the family law court system are well known, and people can live in limbo waiting for a decision. In our latest article in The District Reporter, we discuss a pilot program call PPP500, where the aim is to achieve a faster, cheaper resolution for property pools of less than $500,000.
We’re all aware that the family law court system is bulging at the seams. Cases are taking years to be heard at court when people can’t settle the proceedings themselves and, in the meantime, parents and their children live in limbo waiting for a judge to make a decision. Financial restraints can mean that warring parents sometimes need to continue to live in the same home until their property settlements can be dealt with, which has a direct impact on their children.
Contrary to popular belief, the Australian family law system is not a staid institution that fails to keep up with the times. It’s actually quite a dynamic system that constantly evolves to take into account the changing needs of modern families. Earlier this year the court began a pilot program in an attempt to deal with property proceedings where the net property pool for division is under $500,000. It’s called the ‘Priority Property Pool under $500,000’ system, or PPP500.
The ‘property pool’ is calculated by looking at the values for all assets such as real estate, vehicles, money in the bank, shares and superannuation – and then deducting any debts. If your net property pool totals less than $500,000, you may be able to join the PPP500 program. The purpose of the new case management system is to help achieve a fair, efficient and fast resolution of PPP500 cases at a cost to the parties that is proportionate to their case. The forms to start proceedings have been changed and the various Directions Hearings at Court have been refined. Participants will be directed to mediation and other dispute resolution methods early in the proceedings and, if that is not successful, their hearings will be fast-tracked and simplified to cut down on the number of times parties need to attend court. The length of their final hearings will be reduced and some matters will be able to be dealt with by a Judge on written submissions only (with no cross examination of either party).
This system applies to cases commenced after March 1, 2020 and is a pilot project limited at this stage to cases filed in the Brisbane, Parramatta, Adelaide and Melbourne Court registries. If it’s successful, it should be rolled out across the country. If the property pool includes family trusts, companies or self-managed super funds, you may not be able to take part in the program, and it is unclear at this stage whether there are some exceptions to this rule. The pro-gram doesn’t apply to parenting (custody) proceedings.
We’re excited to be part of any process that will assist families to reach a conclusion on their property matters sooner and at less cost. If you’ve separated and you think the new PPP500 system would apply to you, call us on 4651 4800. One of our experienced family lawyers will be able to help.
