Discrete Property List

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The discrete property list in the Federal Circuit Court of Australia is helping separated parties with a modest property pool who cannot reach agreement by consent. Seeking assistance from the family courts, particularly where the property pool is fairly modest, can be a lengthy process that is difficult for parties to work through.

There are some instances though, where parties need the intervention of an order from the Court to make sure their matter keeps moving towards resolution.

For parties in an increasing number of cities around Australia, the Federal Circuit Court  of Australia is rolling out the ‘Discrete Property List’.

The discrete property list is an initiative designed for parties who seek only property orders and who have a total combined asset pool of a net value of $500,000 or less including their superannuation.

If you would like some practical legal advice and the options available to you, contact our experienced Brisbane Family Lawyers or our North Brisbane family lawyers. We can assist you in all areas of family law, including regards family law property settlement, how the discrete property list operates, maintenance claims and parenting arrangements. We will advise you regards likely outcomes for your particular circumstances. This will allow you to make an informed decision and to retain control over how your family law issue is resolved. You are also welcome to read on for further information right now………

While any urgent interim matters, such as the urgent sale of a house to liquidate funds, will still be heard by a Judge, matters on the Discrete Property List are managed by a Registrar of the Federal Circuit Court of Australia.

The Discrete Property List will aim to ensure that:

1. Response material is filed and if necessary, that an amended initiating application is filed swiftly where the orders being sought have not been properly particularised;

2. Both parties have exchanged all documents disclosing their financial position to each other;

3. Experts are appointed to value any properties or items where the parties cannot agree on a value for those properties or items;

4. The parties are referred to dispute resolution if all of the above has been done.

If parties find themselves in the Discrete Property List, they need to be careful to take all steps to follow the Registrar’s time frames, as the Registrar has indicated that adjournments will be few and far between. Your matter will only remain on the Discrete Property List for around 90 days before being transferred into a Judge’s list for management.

The intention of the Court is that use of the discrete property list in the family court will assist with resolving disputes while minimising delay and expense for the parties.

Contact our family lawyers Brisbane and our family lawyers Brisbane Northside for advice concerning how you get your matter on to the discrete property list and the documents that need to be filed in the court seeking a family law property settlement. We have the experience to assist you with any area of family law, including property settlement and parenting arrangements without going to Court. If however court action is necessary, we are ready to represent you effectively at Court.

The information set out in this blog is not a substitute for legal advice. We recommend that you obtain advice tailored to your particular circumstances from LGM family lawyers Brisbane.