As of 1 October 2023, property matters where the value of the assets, or the expected value of the assets, excluding superannuation, are under $500,000.00, will be handled differently. The aim of this is to reduce costs to litigants and reduce the length of time that these matters remain in the Court System.
The matters eligible for this process will be limited to those which do not include any of the following issues for determination:
- No Parenting Orders are sought;
- No Child Support Orders are sought;
- There are no trusts, companies, self-managed superannuation funds or other entities to be considered; and
- The parties are not seeking orders for enforcement or contravention of a previous Order of the Court
The new process will be comprised of a two-phase process:
A Registrar led phase, where the parties will be assisted to narrow the issues in dispute and closely monitored for their compliance with orders and the exchange of relevant documents. There will also be various opportunities for the parties to engage in dispute resolution both within and outside of the court and referral to outside services where appropriate.
If the matter is not resolved during the Registrar led phase, it will move to a Magistrate led phase, where the parties will attend a Status Hearing and then a final hearing before a Magistrate, in a time shorter than it would take for a typical matter to reach Trial, currently between 3 and 4 years.
For more information on this process, please visit https://www.familycourt.wa.gov.au/_files/Information_Kits_Brochures/Guide_for_Lawyers_and_Parties_in_PPP500.pdf
