PPP500 List: Simple Separations for Couples

When a marriage or de facto relationship ends, dividing the assets you’ve accumulated together is often the most stressful part of separation.

Traditional defended court proceedings in respect of property settlements are long, complicated and costly – an extra layer of stress you don’t need when you’re trying to rebuild your life. Especially when your overall “asset pool” is small.

Why get bogged down in a long legal process when the property you’re dividing is relatively small?

Enter the PPP500 List.

Short for “Priority Property Pools under $500,000,” this is a new process within the Family Court of Western Australia (FCWA) and the Federal Circuit Court of Australia (FCFCoA) to simplify and speed up the process for couples with a net property pool under $500,000.

By reducing a simplified, shortened and more affordable pathway, the PPP500 List could be a game changer for separated couples who are unable to resolve their property settlement amicably and require court intervention.

What is the PPP500 List for Property Pools Under $500,000?

The Priority Property Pools under $500,000 List often shortened to PPP500 is a dedicated stream for certain property settlement cases in the FCWA. It’s for cases where the combined net asset pool (excluding superannuation) is under $500,000 and there are no parenting issues involved with the property matters.

By being focused, the PPP500 List aims to deliver a quicker, simpler and more proportionate legal process so you can get a fair outcome sooner by resolving property disputes.

Key features of the PPP500 List:

• A faster court process for smaller asset pools.
• Encouraging early alternative dispute resolution (ADR) such as mediation.
• Reducing time and legal costs associated with property disputes in the FCWA.

Background

Before the PPP500 List, couples with smaller asset pools had to go through the traditional court process, which involved multiple court events, complicated financial statements and long timelines. Recognising that “one size fits all” didn’t work for everyone, the Court introduced the PPP500 List.

By simplifying the requirements and setting a time frame for resolution, the PPP500 is part of broader reforms in Australian family law. These reforms recognise that not every couple has large property portfolios or complicated financial structures and the legal process should fit the situation.

Who is eligible for the PPP500 List

To help you work out if you and your former partner may be eligible for the PPP500 List, consider the following:

• Net Asset Pool Under $500,000 (excluding superannuation): Your total assets minus liabilities should be valued at under $500,000, not including super.
• Property-Only Cases: Your matter is about property only. If there are contested parenting matters you won’t qualify.
• Court’s Discretion: In some cases even if the above criteria aren’t met the Court may list your matter as a PPP500 if it’s appropriate.
• Commencement Date: The PPP500 List applies to applications commenced on or after 1 October 2023 in the Perth Registry.

Calculating Your Asset Pool

Before you apply under the PPP500 List you need to have a clear understanding of your net asset pool. Your asset pool includes:

• Real Property: Homes, investment properties, land holdings.
• Personal Property: Cars, furniture, appliances and other valuable possessions.
• Bank Accounts and Investments: Cash savings, shares and managed funds.
• Liabilities: Mortgages, personal loans and credit card debts are subtracted from the total.
• Superannuation Interests: Although considered in a final property settlement, for PPP500 eligibility you exclude super from the initial $500,000 threshold calculation. If either party has control over a self-managed superannuation fund it can complicate the valuation process and may impact whether a case can be listed as a PPP500.

When valuing assets use recent appraisals, market values and up-to-date financial statements. In some instances a single expert valuation may be needed. The Court expects fair and accurate disclosure to maintain integrity in the process.

Exclusions from the PPP500 List

Not every case fits into this streamlined process. The PPP500 List is not suitable if:

• Parenting Disputes: If you’re also dealing with complex custody or parenting arrangements the matter won’t be heard under PPP500.
• Complex Financial Arrangements: If the asset pool involves family trusts, companies or self-managed super funds (SMSFs) or requires valuation or expert investigation the complexity disqualifies you.
• High-Value Assets: If your pool is over $500,000 you’ll follow the traditional property court process.
• Child Support Cases & Enforcement: These matters are not included in the PPP500 List.

The PPP500 Process

The biggest benefit of the PPP500 List is its speed. Instead of multiple hearings and loads of paperwork the process aims to get to a resolution in about 26 weeks from the first court event. Compared to traditional property court matters, which can take years.

Timeframe:

• 26-Week Goal: The Court aims to finalise the matter in about 6 months, much faster than traditional processes.

Key Features:

• Fewer Court Events: Less appearances means less stress and lower legal costs.
• ADR Focus: Mediations and conciliations are strongly encouraged to get to an agreement.
• Simplified Documents: The Court has reduced the amount of documents required to lower the barriers for parties.
• Short Form Expedited Hearing: The PPP500 process may include a short form expedited hearing to reduce time and costs.

Starting a PPP500 Case

Starting a PPP500 case is less complicated than traditional property settlements. To start you need to file an Initiating Application, PPP500 Financial Summary and case information affidavit. Unlike standard cases you don’t need to file an affidavit or a detailed Financial Statement unless directed by the Court or if ADR fails.

The eligibility criteria is key. Your net asset pool excluding superannuation must be under $500,000 and the case must be solely about property division and not parenting disputes. If you meet these requirements you can proceed with the application.

Once your Initiating Application and PPP500 Financial Summary are filed the Court will review your case to see if it fits the PPP500 criteria. If eligible your case will be listed as a PPP500 and the streamlined process will begin. This simplifies the first steps and sets the tone for a faster resolution.

Case Management

The case management process for PPP500 cases is designed to be quick and targeted with two phases: Registrar-led and Magistrate-led.

A Registrar will take the lead initially, making procedural orders in chambers to move the case forward to the first court date. This early intervention helps to streamline the process and identify any issues that can be resolved quickly.

If the case doesn’t settle during the Registrar-led phase it goes to the Magistrate-led phase. Here the Magistrate uses simpler procedures to get the matter to a determination phase. Throughout this process the Court aims to get a just, efficient and timely outcome, with legal costs being more proportionate to the parties’ assets.

A key part of case management is the focus on Alternative Dispute Resolution (ADR). The Court encourages parties to engage in ADR to narrow the issues in dispute and get to an agreement. The Court may also make orders in chambers before the first court date requiring the exchange of specific documents between parties. 

PPP500 Benefits

Cheaper Settlements:
With a shorter time frame, less court dates and simpler process your legal costs are likely to be lower.

Faster Resolution:
The 26 week target is a game changer. Instead of being stuck in limbo you can move on with your life and financial planning sooner.

Less Stress and Complexity:
Simplified documentation and fewer court events reduces the emotional toll of long drawn out court proceedings.

Proportionate Asset Division:
Why use the same complex process for multimillion dollar estates for smaller asset pools? The PPP500 List recognises that smaller property settlements shouldn’t need a big legal battle.

Savings:

• Legal Costs: Fewer filings, less back and forth and ADR could save you thousands in legal fees.
• Time Savings: A 6 month outcome instead of 2 years or more means you can get back to rebuilding financially, emotionally and practically.

Start a PPP500 Case

If you think you qualify here’s how to get started:

Prepare Your Documents:

• Form 1 Initiating Application: The main form to start your case.
• Simplified Financial Summary & Case Information Affidavit: These replace the more complex financial affidavits required in standard proceedings.
• Supporting Documents: Recent bank statements, property valuations, tax returns, superannuation statements.

Full and Frank Disclosure:

Be honest and transparent. Both parties must disclose all relevant financial information. The Family Court of WA’s disclosure rules require accuracy and completeness – failing to comply can result in penalties or adverse inferences.

Family Court Registrars

Registrars in the PPP500 List are more involved in your case and may:

• Early Triage: Assess complexity, identify ADR opportunities and ensure the matter is suitable for PPP500.
• Oversee ADR Processes: Encourage or direct parties to mediation or a conciliation conference to settle without a trial.

This Registrar led involvement keeps the process moving and focused.

ADR in PPP500 Cases for Property Disputes

Alternative Dispute Resolution is at the core of the PPP500 List. Instead of relying on a judicial decision you will be encouraged to:

• Mediation: A neutral third party to facilitate an agreement.
• Conciliation Conferences: A settlement conference led by a Registrar of the Family Court.

By making ADR central to the process the PPP500 List reduces conflict, promotes understanding and often results in timely and cost-effective outcomes for both parties.

PPP500 Case Study (Example)

Meet Alex and Jordan:

They’ve been married 5 years, no children and their net asset pool (excluding super) is around $300,000 – mainly equity in their small home and a car. Unfortunately, following their separation Alex and Jordan are unable to agree on the division of the net asset pool of their marriage. Alex decides to start a property case in the Family Court seeking orders to finalise their family law property matter.

• Step 1: Eligibility Check:

Alex checks their net asset pool is under $500,000 and there are no parenting issues. Suitable for PPP500.

• Step 2: Application:
• Alex submits a Form 1 Initiating Application, a simplified financial statement and case information affidavit. Alex must serve her court documents on Jordan.
• Step 3: Before first court event

A Registrar makes procedural orders including for Jordan to file responding court documents as well as orders for disclosure and valuations (if needed)

• Step 3: First Court Event:
  Alex and Jordan attend their first hearing at which their case is likely to be listed for a conciliation conference at a future date.
• Step 4: Conciliation Conference:

Alex and Jordan reach agreement on the split of their net asset pool. The Registrar makes orders by consent to formalise the agreement and the case is dismissed.

Or Alex and Jordan are unable to reach agreement and the case proceeds to trial before a Magistrate.

• Step 5: Final Orders:
  About 2 – 3 months after their conciliation conference, Alex and Jordan attend a trial. Following trial the Magistrate will make a decision on the split of Alex and Jordan’s net asset pool and make orders finalising their case.

Get to Your Next Chapter Faster

The PPP500 List is a big step forward in making the family law system more accessible for parties who require a judicial decision and do not have a high net value asset pool. For couples whose asset pools don’t warrant the complexity of traditional legal proceedings it’s a welcome option: simplified process, shorter timeframe and lower costs.

Not every separating couple will be eligible for PPP500 – especially those with complex financial structures or parenting disputes – but its very existence recognises that different circumstances require different legal tools. It’s about proportionate solutions for proportionate problems so you don’t spend a fortune sorting out a relatively small financial puzzle.

If you think the PPP500 List might be for you, get in touch.

Understanding your eligibility, preparing the right documents and approaching mediation with a clear strategy can make all the difference. Our experienced family law team can guide you through this process so you feel informed, supported and ready to settle.