Family Dispute Resolution (Property)

Family dispute resolution provides an opportunity for people to consider their property settlement, child support and financial issues in a structured and safe way.

If appropriate, lawyers or other support people can attend your family dispute resolution with you.

Invitation to Attend Family Dispute Resolution

The first step is to see if the other person wants to try family dispute resolution.  If there is an interim or final violence restraining order in place, Benn will invite the other person in for family dispute resolution.

Family Dispute Resolution

Intake and Assessment Session

Each person must attend an Intake and Assessment session prior to any joint session.  You should bring the following documents to your Intake and Assessment session if they are available:

  • any interim or final violence restraining order;
  • any Family Court documents;
  • any appraisals or valuations of assets that may assist in the family dispute resolution;
  • any:
    • copies of certificates of title for any real estate;
    • statements relating to any mortgage to which only one party has access;
    • car registration papers showing vehicle type and year;
    • bank statements;
    • credit card statements;
    • superannuation statements;
    • ASIC company searches;
    • financial documents relating to any company or trust;
    • their latest taxation return as submitted to the ATO;
    • any documents which may reasonably be requested by another party to the negotiations.

If the documents are not available, the parties should endeavour to bring any relevant documents to the joint session of family dispute resolution.

The cost of the Intake and Assessment session is $250 for each party including GST.  Each party is responsible for the costs of their own session.

Family Lawyers Perth

Joint Session

There is then a joint session of family dispute resolution which runs from 9.00 am to not later than 5.00 pm, unless the session is terminated by either party or by me on the grounds that it is no longer appropriate.  Either party can terminate the joint session at any time for any reason.

The fixed fee for a Property Settlement FDR joint session is $550 including GST which is shared between the parties; that is, $275 for each person.

The Property Settlement FDR Joint Session aims to address:

  • the development of a Schedule of Assets and Liabilities;
  • the exchange of disclosure documents by both parties;
  • a consideration of the financial, non-financial and parenting contributions by the parties;
  • a consideration of each person’s interests and future needs; and
  • an exploration of the various options available to resolve the dispute.

Parties should bring their disclosure documents to the Joint Session.

You may also be able to discuss any other areas if you both agree such as children’s issues, child support or divorce.

Stirling Regional Business Centre

What if Property Settlement Family Dispute Resolution is unsuccessful?

Case Management Guideline 13.5 issued by the Family Court of Western Australia indicates that where the parties have already participated in Alternative Dispute Resolution, including but not limited to mediation, the Court may or may not dispense with the requirement that the parties attend a Conciliation Conference.  This may result in reduced Court costs and legal fees for the parties.

Contact Details

Benn Hill

ECU Business Centre
Unit 18, 15 Barron Parade

JOONDALUP  WA  6027

0413 856 299
(08) 9301 1438

benn@bennhill.com.au


Benn Hill - Barrister & Solicitor

Experienced, legally trained and child-focused

  • Professional & personal service
  • Prompt appointments
  • Mediation sessions may occur even if one party has a violence restraining order in place
  • Competitive pricing
  • Section 60I certificates