Written by Jessica Popple
The Discrete Property List will only deal with applications that are seeking only property Orders. If a party files an application in a case or a response seeking parenting Orders, the matter will be removed out of the list. Discrete Property matters are heard by a Registrar in the first instance, not a Judge.
The Discrete Property List has been created to:
- monitor compliance for production of documents and valuations;
- reduce delay;
- expand opportunities for parties to discuss and take ownership of their own dispute resolution planning at an early stage; and
- improve outcomes through case management before dispute resolution process.
On the first return date, the Registrar is likely to make the following Orders:
- exchange of documents pursuant to the Annexure A documents;
- appointment of a specific expert/s to prepare valuations;
- for parties to agree to a mediation/arbitration/conciliation conference (if the case is ready to proceed to dispute resolution).
- procedural fairness on a superannuation trustee;
- for the matter to be adjourned for 4 to 6 weeks; and
- if a Response has not been filed by the other side, Orders for filing a Response and an adjournment, with consideration given to costs.
Subsequent Court date
If all previous Orders have not been complied with, or the dispute resolution process has been undertaken and there is still no agreement, the case will be referred to the Docket Judge for judicial case management.
There are strict rules for compliance with the Discrete Property List. The Court expects the solicitors (and parties) to exchange relevant documents (disclosure) and if needed, appoint experts for joint valuations.
If you think that your case could be suitable for the Discrete Property List or you have further questions, please contact our office for some advice.