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What is a
Conciliation Conference?
A conciliation conference is a confidential dispute resolution event for financial proceedings. The conference will be conducted by a Judicial Registrar, who is highly trained in both the law and dispute resolution. The Conciliation Conference is an important opportunity for the parties to reach agreements that bring the legal proceedings to an end.
Information regarding the Conciliation Conference is set out in the Court's Publication: The Conciliation Conference.
How it works.
FamilyProperty is an online platform thatallows for the collection of and organisation of the information needed to understand the parties' financial circusmtances, build an interactive balance sheet, model property settlement outcomes, draft orders, and generate and submit the required court documents.
Watch the webinar hosted by Senior Judicial Registrar Anne-Marie Rice (the Federal Circuit and Family Court of Australia's Executive Director of Dispute Resolution) and the FamilyProperty Pilot Project team where they explain exactly how the Pilot works and answer any questions that practitioners had in relation to it.
Step 1 - Agree to Participate
Prior to your attendance at Court for the first directions hearing, parties will receive an information sheet and introductory video.
A Judicial Registrar will review your (or your client's) case for the first directions hearing to confirm it is appropriate for participation in the Pilot. The Judicial Registrar will confirm that you and your ex-partner agree to participate in the pilot and pay the necessary fee and will then make orders and directions for the use of FamilyProperty at the Conciliation Conference.
Step 2 - Register & Pay
The Order published by the Court on the Commonwealth Courts Portal will include a link to the FamilyProperty platform. Parties will need to register for FamilyProperty by clicking on 'Get Started'. You will be asked if you are a lawyer or self-represented. Click the relevant option and register for FamilyProperty.
Parties will be asked to pay the FamilyProperty fee. This payment of $99 is payable by each party in the matter (unless a party has previously paid the FamilyProperty matter fee in relation to their current matter).
For instructions on how to register, click here.
Step 3 - FamilyProperty Questionnaire
Complete the FamilyProperty Questionnaire. The FamilyProperty Questionnaire collects information to complete the Confidential Case Outline document (Dispute Resolution) and the other documents that are required by the Court for the Conciliation Conference.
For instructions on how to fill in the Questionnaire, click here.
Step 4 - Dashboard
You will have access to the Dashboard where you will be able to:
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automatically generate the Confidential Case Outline (Dispute Resolution) document and Minute of Proposed Property Orders;
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upload the disclosure documents required for the Conciliation Conference;
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use an interactive Assets and Liabilities schedule to model different outcomes when dividing your finances
For instructions on how to use the Schedule of Assets and Liabilities and on Disclosure, click here.
For instructions on how to generate documents, click here.
Step 5 - Submit to Court
When all the relevant information has been entered into FamilyProperty the Confidential Case Outline (Dispute Resolution) document, Minute of Order, Costs Notice and disclosure documents will be available to each other party and to the Court for the Conciliation Conference.
The Judicial Registrar will have access to:
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Each party's Confidential Case Outline (Dispute Resolution);
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Interactive (Conference) Balance Sheet (which provides a summary of the information in both parties Confidential Case Outline documents);
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Proposed orders of both parties;
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Costs Notice; and
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Disclosure documents required for the Conciliation Conference.
Each party will use FamilyProperty to exchange the relevant documents with the other party.
For instructions on how to submit information to the Court and the other party, click here.
Step 6 - Participation in the Conciliation Conference
The Judicial Registrar who is convening the Conciliation Conference will use the information submitted via the FamilyProperty account to assist the parties to negotiate. The neutral balance sheet prepared for the conference will allow proposals to be modelled in a practical and highly interactive way.
Step 7 - Agreement
Once the parties have reached an agreement, draft Consent Orders can be generated directly from the FamilyProperty account. Once Consent Orders have been agreed and signed, the Judicial Registrar will confirm the steps necessary to make them legally binding and enforceable.
For instructions on how to generate the draft consent orders, click here.
What is Family Property?
FamilyProperty is an online platform that allows for the collection and organisation of the information needed to understand the parties’ financial circumstances, build an interactive balance sheet, model property settlement outcomes, draft orders, and generate and submit the court documents required for the Conciliation Conference.
What is the Family Property Pilot?
The FamilyProperty pilot has been set up to help parties prepare for, and participate at, Conciliation Conferences via an interactive, online platform.
It will be piloted in the Sydney Registry of the Court.
Am I eligible for the FamilyProperty Pilot?
Parties are eligible to be included in the FamilyProperty Pilot if:
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The court matter is filed in the Sydney Registry;
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the matter relates to property issues only; and
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both parties agree to participate in the pilot and agree to each pay the $99 FamilyProperty fee.
What are the expected benefits and outcomes?
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Improved management of your property matter by:
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having all your financial information required for the Conciliation Conference in one online location;
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easily generating required court documents;
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Reduce errors that can happen when manually calculating the figures for settlement proposals in real time; and
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Assist parties to negotiate and reach agreement during the Conciliation Conference.
Do I need to pay anything to use FamilyProperty?
Yes, there is a one off payment of $99 per party to use FamilyProperty.
Will FamilyProperty help me to prepare court documents?
Yes, FamilyProperty uses the information you have entered to help you quickly and easily generate court forms including Minutes of Proposed Order and the required Confidential Case Outline document (Dispute Resolution).
What if I already have a subscription to FamilyProperty?
If a party's legal representative has an existing subscription to FamilyProperty and it has already been used in relation to that party's property proceedings, the fee for use of the platform will already have been paid. You will be able to use the information compiled in FamilyProperty to generate the documents needed for the Pilot.
Do you recommend a particular browser to use with FamilyProperty?
Yes, we recommend that the Chrome browser is used for the FamilyProperty online platform.