Priority Property Pool Cases (PPP Cases)

Priority property pool cases logo

The aim of the PPP cases model of case management is to provide a simplified way of resolving financial or property disputes which will minimise risk and legal costs, and best preserve the parties’ assets.

The PPP500 Pilot, which was successfully evaluated by the Australian Institute of Family Studies (AIFS), commenced on 1 March 2020 in the following locations:

  • Adelaide
  • Brisbane
  • Melbourne
  • Parramatta

This case management approach was expanded nationally to all filing registries with new broader criteria on 30 October 2023.

Process

A matter will be eligible to be designated a Priority Property Pool Case (PPP Case) where:

  1. it is commenced by way of an Initiating Application (Family Law); AND
  2. the Initiating Application seeks only either an alteration of property interests pursuant to ss 79/90SM of the Family Law Act 1975 (Cth) (Family Law Act) and/or spousal maintenance (including urgent spousal maintenance) pursuant to ss 74/90SE/77/90SG of the Family Law Act; AND EITHER
    1. the net value of the property of the parties (excluding superannuation interests) is, or appears to be, under $550,000; OR
    2. the net value of the property of the parties (excluding superannuation interests) is not significantly greater than $550,000 and the Court, in its discretion, makes a declaration or notation that the proceeding is designated as a PPP Case in circumstances where:
      • having regard to the relevant assets of the parties, the Court considers it appropriate to include the matter as a PPP Case; and/or
      • due to the parties (or a party) having a particular vulnerability including having regard to the location of the parties, demographic features of the parties, or allegations of family violence including coercive control, the Court considers it appropriate to include the matter as a PPP Case; OR
    3. the Court otherwise, in its discretion, makes a declaration or notation that the proceeding is designated as a PPP Case.

Matters with the following features are NOT PPP Cases and will be case managed in the usual way:

  1. the asset pool includes an entity or entities (such as a family trust, company, or partnership) owned or in the effective control of either party, where the value is contested and requires valuation or expert investigation;
  2. proceedings where only parenting orders are sought;
  3. proceedings where both parenting and financial or property (and/or spousal maintenance) orders are sought;
  4. child support cases;
  5. child maintenance cases;
  6. contravention applications, and
  7. enforcement applications.

Case management of a PPP Case has two components:

  • registrar-led phase: where a Registrar can assist separating couples to reach agreement, in the shortest possible time, and
  • judge-led phase: where procedurally simpler processes are applied at a final hearing before a judge.

The PPP Cases program has the following features:

  1. Intensive monitoring of compliance with orders to ensure that necessary documents are produced, and valuations are completed;
  2. Reduced delays through the dispute resolution process;
  3. Expanded opportunities for parties to have discussions and take ownership of their dispute resolution planning at an early stage;
  4. Opportunities for resolution at an early stage;
  5. Improved dispute resolution outcomes through close involvement in the preparation and case management of the case before dispute resolution takes place;
  6. Where possible, the number of court appearances are reduced; and
  7. Proactive referrals to appropriate services.

Frequently asked questions

If your Application:

  1. involves asset pools with a net value of up to $550,000 (excluding superannuation); and
  2. seeks only financial relief (ie alteration of property interests and/or spouse maintenance only); and
  3. does not involve any of the following:
    • entities (such as a family trust, company, or self-managed superannuation fund) where the value is contested and expert valuation or expert investigation;
    • parenting orders in addition to financial orders;
    • orders for child support;
    • orders for child maintenance;
    • contraventions; or
    • enforcements.

you should file only the following documents:

  1. Initiating Application;
  2. PPP Financial Summary (in the approved form); and
  3. Genuine Steps Certificate

Within 2 business days of filing a Judicial Registrar will review your application and assess whether it is to be designated as a PPP Case.

You must file the documents as required by the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Family Law Rules).

Within 2 business days of filing a Judicial Registrar will review your application and assess whether it may still be designated as a PPP Case having regard to relevant features including family violence, limited complexity and/or risk of disproportionate costs or delay.

Matters in which parenting orders are also sought are not eligible for designation as a PPP Case. You must file the documents as required by the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Family Law Rules).

However, where modest pools are involved the Judicial Registrar who is case managing the matter will have regard to the over arching principle contained in the Federal Circuit and Family Court of Australia Act 2021 to progress matters to resolution as quickly, inexpensively and efficiently as possible.

If a party seeks parenting orders in response to a financial only application the matter will fall outside the PPP Cases criteria.

If the matter has already been designated as a PPP Case, that designation will cease and the matter will be managed in accordance with the standard case management pathway or in any other relevant specialist list such as the Evatt List. Where the asset pool is small the Judicial Registrar case managing the matter will have regard to the over arching principle contained in the Federal Circuit and Family Court of Australia Act 2021 to progress matters to resolution as quickly, inexpensively and efficiently as possible.

There are six steps in a PPP Case:

Registrar-led phase:

  • Step 1: Before the first court date – preliminary orders will be made by a Judicial Registrar in chambers.
  • Step 2: First court date before a Judicial Registrar – a balance sheet will be settled and the case will be referred to a conciliation conference, private mediation or Legal Aid conference.
  • Step 3: Dispute Resolution (with a Judicial Registrar, external mediator or Legal Aid conference).
  • Step 4: Second court date (if the case did not settle, the balance sheet will be checked, and the case will be listed for a Compliance and Readiness hearing before a judge).

Judge-led phase (only if the case has not already settled):

  • Step 5: Compliance and Readiness Hearing (Judge).
  • Step 6: Final hearing (Judge).
Related information:
Family Law Practice Direction – Priority Property Pool Cases (FAM-PPP)
Guide for practitioners and parties in Priority Property Pool Cases (PPP Cases)
Priority Property Pool Cases – Preparing for the first court date
Priority Property Pool Cases – Short-form expedited hearings

Administrative Review Tribunal and child support appeals

The Court has jurisdiction to hear an appeal from a decision of:

Child support first review

In a proceeding before the ART, you may appeal to the Court against a decision of the ART on a question of law*. The Court does not have jurisdiction to review the merits of the decision.

Departure prohibition order

A delegate of the Child Support Registrar may make an order, known as a departure prohibition order, stopping a person from leaving Australia. If you are aggrieved by the making of a departure prohibition order, you may appeal to the Court against the decision to make the departure prohibition order.

The appeal is limited to reviewing whether the decision was properly made. The Court may set aside the order or dismiss the appeal.

The Court does not have jurisdiction to review:

  • the merits of the decision to make the departure prohibition order; or
  • a decision to issue or not issue a departure authorisation certificate.

I want to appeal from a child support decision

You will need to file:

  • a Notice of appeal - Child support
  • a copy of:
    • the ART's decision, or
    • Child Support Registrar’s departure prohibition decision
  • any statement of reasons given with the decision
  • a completed financial statement in accordance with the approved form which you seek to rely, and
  • any Affidavits on which you seek to rely.

The grounds of the appeal must explain briefly the basis on which the orders are sought.

Unless the Court orders otherwise, you must file an appeal from a decision of the ART within 28 days of receiving a written statement of reasons for the decision. You can only appeal a decision of the ART on a question of law; for more information, seek legal advice.

What do I have to pay?

There is no filing fee when you file this application.

Filing with the Court

Wherever possible, you must file court documents with the registry by email.

If it is not possible to file using email, you may file your documents in person pr, by mail, or in certain circumstances by fax. Contact the Court if you are not sure how to file the documents.

How do I notify the respondent?

After your application has been filed, you must ‘serve’ the application on the respondent. That means you must make sure that the respondent receives the filed documents.

You must serve the Notice of appeal at least 28 days, and any other documents on which you intend to rely at least 21 days before the hearing date. The persons to be served include the respondent, a parent or eligible carer, and the Child Support Registrar. If you are appealing from a decision of the ART you must serve the Notice of Appeal (and other documents) on the ART within 7 days after the day of filing the appeal.

In addition to the filed documents, you must serve on the respondents the brochure Child Support Applications.

Response

Within 28 days after you serve the application, the respondent(s) will need to file and serve:

A respondent who also wants to appeal from the decision which you have appealed must file a filing a Notice of Appeal (endorsed as a ‘cross-appeal’).

A respondent to a child support appeal who does not want to cross-appeal from the decision, but contends that the decision should be affirmed on grounds other than those relied on by the decision-maker, must file a Notice of Contention.

Discontinuance

An applicant can choose to discontinue the application at any time by filing a Notice of discontinuance with the Court.

* Question of law – an issue arising from a case about how the law was applied or not applied to the facts of a case or about whether the process was legally adequate.

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