Priority Property Pool Cases
If you and your ex-partner have a small value of net assets, the Court may allocate your matter to a streamlined case management pathway. The Priority Property Pool (PPP) case management model aims to provide a simple way of resolving financial or property disputes which minimises risk and legal costs to preserve the parties’ assets.
The idea of the PPP programme is to minimise the legal fees involved in resolving family law property settlements, where there are limited assets.
The case management pathway, which was initially piloted in Adelaide, Brisbane, Melbourne and Parramatta, expanded to all Federal Circuit and Family Court filing registries on 30 October 2023.
How will a matter be designated as a PPP case?
To be assigned as a PPP case, the matter must be commenced by way of filing an Initiating Application, the application must only seek to alter property interests pursuant to section 79 or section 90SM of the Family Law Act, and/or spousal maintenance and the net value of the property of the parties is under $550,000 (excluding superannuation).
If the net value of the parties property is not significantly greater than $550,000, the Court in its discretion may make a declaration or notation that the matter can proceed as a PPP case in circumstances where it is appropriate.
What matters are not considered PPP cases?
The FCFCOA makes it clear that where there are some characteristics of a matter, they will be managed in the usual way. These features include:
An asset pool that includes an entity owned or in the control of either party, where the value is contested, requires valuation or expert investigation;
Only parenting orders are sought;
Both parenting and financial or property orders are sought;
Child support cases;
Child maintenance cases;
Contravention applications; and
Enforcement applications.
How is a PPP case managed?
A PPP case may be managed through a registrar-led phase or a judge-led phase.
In the registrar-led phase, a Judicial Registrar can assist the parties to reach an agreement in the shortest possible time. In the judge-led phase, procedurally simpler processes are applied at a final hearing before a judge.
In the registrar-led phase, prior to the first court date, the Judicial Registrar may make preliminary orders in chambers for the parties to do certain things. At the first court date, the Judicial Registrar will work with the parties to settle a balance sheet before referring the parties to a conciliation conference or private mediation. If the matter does not settle through dispute resolution, the matter will be allocated a second date to check the balance sheet is still agreed and the Judicial Registrar will list the matter for a Compliance and Readiness hearing before a Judge.
If the matter does not settle through the registrar-led phase, the matter will be allocated to the Judge-led phase which includes the compliance and readiness hearing and the final hearing. A PPP case may be heard on the papers or through a short-form expedited hearing.
If the parties to a PPP matter are able to reach an agreement prior to the final hearing, the parties may seek final consent orders at any time. Parties must send correspondence to the Judicial Registrar in accordance with the FCFCOA’s Guide for practitioners and parties in Priority Property Pool Cases (PPP Cases).
If you need assistance with negotiating or preparing for a PPP matter, contact Shorestone Legal.
