A further option introduced by the Federal Circuit Court to alleviate Court delays is the discrete property list. A divorce lawyer can advise you about this option.
Cases in the discrete property list are managed by a Registrar rather than the case having multiple preliminary listings before the Judge. A divorce lawyer appears before the Registrar to seek Orders to ensure that the issues in dispute can be quickly defined and disputes about the provision of disclosure documents and valuations can be quickly solved.
To ensure that property cases do not fall into a hole and become “stalled” if any dispute arises in defining the property pool or in either party obtaining financial records that may be required; the case can be quickly relisted by a divorce lawyer before the Registrar in order to resolve the dispute or order the provision of the document if applicable.
Sometimes it is necessary for the divorce lawyer to seek the Registrar’s leave to issue a subpoena.
With the Registrar managing the conduct of the case, some of the Judges’ work load is reduced making more Judge time being made available for the hearing of the final property disputes that cannot be resolved in mediation.
The divorce lawyer can seek Orders from the Registrar including orders that the Registrar
- Appoint an expert including an expert accountant
- Appoint an expert real estate valuer.
- Appoint another expert for example a handwriting or IT expert
- Order the exchange of information or documents.
A Divorce Lawyer can provide you with further information as to how the discrete property list works and whether it is of benefit to your circumstances.
If you would like to arrange an appointment with a divorce lawyer, contact us on 1800 300 170 or email us at famlaw@matthewsfolbigg.com.au
Disclaimer
Family law situations can be complex and sometimes they can involve serious issues. Information outlined is proposed to provide general guidance only. Due to the seriousness of legal matters as well as the uniqueness of your individual situation, professional advice should be sought. For advice, please contact one of our Family Lawyers.
