From 30 October 2023, under a new Federal Circuit and Family Court of Australia practice direction, special procedures apply for property matters that qualify as Priority Property Pool (PPP) Cases.
Some registries of the FCFCOA have operated special arrangements under the PPP500 pilot since February 2020. The arrangements will now apply to proceedings in all registries.
Priority Property Pool Cases are those where the net value of the asset pool is, or appears to be, less than $550,000 excluding superannuation interests, or not significantly greater and the court considers it appropriate to include the matter as a PPP case.
Previously, under the pilot program, the cap was $500,000.
Priority property Pool cases can include matters involving applications for property settlement, spouse maintenance, or urgent spouse maintenance.
Cases will not qualify as a PPP Case if:
- they involve entities such as a family trust, company, or self-managed superannuation fund the value of which is contested and requires valuation or expert investigation,
- only parenting orders are sought,
- both parenting and financial orders are sought, or
- child support is the issue.
The new Family Law Practice Direction – Priority Property Pool Cases applies. It revokes and replaces the previous Family Law Practice Direction Priority Property Pools Under $500,000, and must be read in conjunction with:
- the Family Law Act 1975,
- The Federal Circuit and Family Court of Australia (Family Law) Rules 2021,
- the court’s Guide for practitioners and parties in PPP Cases, and
- the court’s Family Law Practice Direction – Financial Proceedings.
PPP Cases proceed differently to standard cases. The Guide for practitioners in PPP Cases sets out the applicable procedure. Important differences from standard case procedures include:
- At each court date the parties’ lawyers must inform the judicial registrar of the costs their client has incurred to date, their estimated costs to the conclusion of a final hearing, and the source of the funding for representation.
- Adjournments are discouraged and will be granted only in exceptional circumstances.
The By Lawyers Family Law Property Settlement publication has been updated accordingly.