Expanding the Priority Property Pool under $500,000 Pilot: A Game Changer in Family Law
Since March 1, 2020, the Adelaide, Brisbane, Melbourne, and Parramatta registries of the Federal Circuit and Family Court of Australia (Division 2) have successfully implemented the Priority Property Pool under $500,000 Pilot (PPP500). This groundbreaking initiative has revolutionized family law cases with asset pools under $500,000, expediting their resolution and promoting positive social impacts. The success of the program has led to its expansion to all filing registries and the broadening of eligibility criteria, taking effect from October 30, 2023. In this blog, we’ll explore the key features and benefits of this program and discuss the recent expansion.
The PPP500 Pilot’s Success
The PPP500 initiative was designed to manage cases with asset pools under $500,000, with the primary goal of achieving faster dispute resolution. This was done through dispute resolution conferences or streamlined trials, overseen by registrars. The results have been impressive, as highlighted in a favorable evaluation by the Australian Institute of Family Studies. The program has been commended for its efficiency, quick resolution of cases, and its positive social impact, particularly for vulnerable parties dealing with family violence allegations.
Expanding Eligibility Criteria
Due to its continued success, the PPP500 initiative is being expanded to include all filing registries, making it more accessible to a wider range of people. The eligibility criteria for qualifying as a Priority Property Pool Case (PPP Case) have also been broadened. Starting from October 30, 2023, a case will qualify as a PPP Case if it exclusively seeks financial relief (property interests’ alteration and/or spouse maintenance) and falls into one of two categories:
Asset pool value up to $550,000 (excluding superannuation)
Asset pool value exceeding $550,000 (excluding superannuation) but designated as a PPP Case based on specific factors like family violence, limited complexity, or disproportionate costs and delays.
The specific eligibility criteria can be found on the Courts’ website, and practitioners are encouraged to discuss these criteria with parties before filing documents.
Simplified Filing Requirements
For cases where the asset pool is less than $550,000 (excluding superannuation), the applicant should file an Initiating Application, a Genuine Steps Certificate, and a PPP Case Financial Summary. Notably, there is no need to file an Affidavit, Financial Statement, or Questionnaire (Financial) as required by the Family Law Rules 2021. Applicants will be guided to assess the pool’s value during the filing process, and if it’s under $550,000 (excluding superannuation), they’ll be informed about the simplified filing requirements.
For cases with pools worth $550,000 or more, the standard Rules should be followed, but the court still has the discretion to designate it as a PPP Case.
Focused Case Management
Judicial Registrars will review all financial applications within two business days of filing, initiating the focused case management process for eligible PPP Cases. This approach includes issuing orders related to service, disclosure, valuations, family violence protection orders, and preparation for the first court event. Compliance with these orders is expected.
Quick Issue Identification and Resolution
The PPP case management approach allows for quick identification and resolution of issues related to disclosure or negotiation. If disputes cannot be resolved during a conference, the registrar will discuss alternative ways to reach a cost-effective resolution, such as arbitration or short-form final hearings.
Support for Legal Professionals
The Court anticipates working closely with legal professionals under this expanded PPP case model, offering brochures, FAQs, and relevant information on the Courts’ website. This support ensures that legal practitioners are well-equipped to navigate the new procedures and provide the best possible assistance to their clients.
In Conclusion
The expansion of the Priority Property Pool under $500,000 Pilot is a significant development in Australian family law. It brings quick, efficient, and cost-effective dispute resolution to a broader range of cases, further emphasizing its commitment to the welfare of all parties involved. With these changes, the Australian family law system is taking a big step forward in delivering timely justice to those who need it most.
