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Property Settlement - Property Case Assessment Conferences
In family law property proceedings, the case assessment conference is an important first step on the path to a satisfactory and cost effective division of assets.
The case assessment conference is conducted by a registrar in the Family Court and involves the three steps of assessment, negotiation and a procedural hearing.
We encourage our clients to make the most of opportunities to settle their family law property disputes away from the expense of full court proceedings.
Thorough preparation for your case assessment conference can lead to meaningful and productive negotiations with the other side and potentially a cost effective solution to your matter.
For more information on how Armstrong Legal can guide you to property settlement, contact our expert family law team today.
What needs to be completed before a case assessment conference?
- The applicant must apply to the court for orders.
Armstrong legal can be of great assistance to our clients in filing an initiating application and in securing a date for the case assessment conference.
- The respondent must reply to the initiating application through filing and serving a written response. This will also include a financial statement and, where necessary, a supporting affidavit for interim orders.
- At the same time, it is essential that both parties comply with the requirement of ‘full and frank disclosure’ regarding their financial circumstances prior to the case assessment conference.
More information on the duty of disclosure in family law property settlement proceedings is available, here.
- The Family Law Rules also require parties to exchange certain documents at least two before the first court date in proceedings. These documents may include recent tax returns, trust deeds, partnership agreements or property market appraisals.
Contact Armstrong Legal for more information on preparation for your case assessment conference.
The case assessment conference – what to expect and potential outcomes
- The case assessment conference will last for approximately one hour. A registrar will conduct the conference.
- The case assessment conference will be divided into three stages: assessment, negotiation and the procedural hearing.
- If an agreement is reached between the parties throughout the negotiation then the registrar will formalise the agreement in the procedural hearing. Alternatively, if an agreement is not reached then the registrar will use the procedural hearing to issue orders outline the next stage in proceedings.
- In circumstances where agreement is not possible, there are a range of options as to what will happen next. This may include family dispute resolution processes (FDR), a conciliation conference or a hearing.