Family Property List

The Family Property List hears proceedings related to deceased estates and testator's family maintenance applications, and domestic partnership property disputes.

The Family Property List consists of proceedings such as:

  • Disputes over the distribution of deceased estates under Part IV of the Administration and Probate Act 1958.
  • Disputes over property related to a domestic partnership.

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 Common Law Registry (at commonlaw.registry@countycourt.vic.gov.au ) immediately to request a directions hearing date.

Directions hearings are conducted on alternate Thursdays from 9.30am.

The Family Property List is established under rule 34A.04(da) of the County Court Civil Procedure Rules 2018. The List consists of any proceeding in which orders are sought under the Relationships Act 2008 or Part IV of the Administration and Probate Act 1958.

Practice Note

Practice notes guide the operation and management of matters within the Common Law Division.

Judge in charge

Judge Kings.

Circuit proceedings

The Judge in charge of the Family Property List manages all circuit proceedings for this list. Circuit court directions hearings can be conducted via video link by arrangement through the directions group.

Civil Directions Group

See also the Directions group guidelines 2016 for consent orders and directions group guidelines and orders.

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.

Contacts

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.

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Page last updated: 28 November 2018