Family Property List
Operation and Management
The Family Property List Practice Note PNCLD 2-2015 offers a detailed guide to the operation of the Family Property List.
Constitution of the Family Property List
The Family Property List is established under Rule 34A.04(da) of the County Court Civil Procedure Rules 2008. Rule 34A.03(da) provides that the Family Property List shall consist of any proceeding in which orders are sought pursuant to the Relationships Act 2008 or Part IV of the Administration and Probate Act 1958.
This List brings together for the purpose of case management disputes concerning deceased estates and testator's family maintenance applications, and domestic partnership property.
Judges-in-charge and contact details
Judge Kings is the Judge-in-charge of the Family Property List.
The Judge in charge of the Family Property List manages all circuit proceedings for this List.
Entering a case in the Family Property List:
Proceedings are entered in the Family Property List by the plaintiff's practitioner completing a Request to Enter List form together with the Originating Motion.
The Family Property List Practice Note PNCLD 2-2015 offers a detailed guide to case management procedures in the Family Property List. It also includes standard format directions orders.
The directions orders must comply with the Practice Note. It is expected that in the majority of proceedings the parties themselves will take reasonable steps to resolve issues during the interlocutory stages of the proceeding.
If the parties do not agree upon appropriate directions orders, the parties must contact the Direction Group immediately to request a Directions Hearing date.
Directions Hearings in the Family Property List at Melbourne are conducted on alternate Thursdays, from 9.30am.
Circuit court directions hearings can be conducted via video-link by arrangement through the Directions Group.
Civil Directions Group Guidelines and Orders
The Civil Directions Group page provides Directions Group Guidelines.
Practitioners should submit orders on the papers to the Directions Group as early as possible (at least 24 hours) prior to the administrative mention or directions hearing date. If the matter is urgent, it should be marked as ‘Urgent’ in the subject line of the email.
The standard mediation order is understood as encompassing the standard mediation procedures.
Family Property List Industry Committee
The Judge in charge of the Family Property List meets with an Industry Committee to discuss case management and procedures in the List. Meetings take place at the discretion of the Judge in Charge of the List, usually annually.
Legal practitioners seeking to liaise with the Industry Committee, should contact the Associate to Judge Kings for a list of representatives.
Enquiries and Feedback
Enquiries about the operation of the Family Property List should be directed to Judge Kings' associate.
Feedback about the operation of the List will be welcomed.