Family Court property disputes, serving Greater Geelong

Hestia Law is a woman-led family law practice led by Principal Stefani Janson. We help married and de facto couples with contested property matters, including proceedings in the Federal Circuit and Family Court of Australia and urgent applications to protect assets after separation, with care, discretion and clear advice.

This page is for people in Geelong, the Bellarine, the Surf Coast and Wyndham. We serve Greater Geelong. Consultations are available in person or online. In-person meetings are available in Newtown, Geelong.

Call 0425 132 179 or send a confidential enquiry using the form on our contact page. We call back within one business day.

Who this page is for

This page is for married and de facto couples in Geelong, the Bellarine, the Surf Coast and Wyndham who need advice about:

• a property settlement that is already in dispute
• proceedings in the Federal Circuit and Family Court of Australia
• urgent orders to stop the sale, transfer or hiding of assets
• property that includes a business, a trust, a farm, superannuation or a self-managed superannuation fund

We act for clients of all genders. We are an LGBTIQIA+ ally and queer-inclusive firm.

When a property matter ends up in court

Most family law matters are resolved by negotiation or mediation, and the agreement can then be made legally binding without a court hearing.

A property matter may need to go to court if:

• you cannot reach agreement after genuine attempts to resolve the dispute
• the other person will not take part in dispute resolution
• there is a risk that property will be sold, transferred or otherwise dealt with before a settlement is reached
• a time limit for applying to the Court is approaching

Starting a court case does not mean there will be a final hearing. Many matters are still resolved by agreement after proceedings have started.

Before you apply: pre-action procedures and disclosure

Before you apply to the Federal Circuit and Family Court of Australia for property or financial orders, you generally need to take genuine steps to resolve the dispute. Unless an exemption applies, that usually means:

• inviting the other person to dispute resolution, and taking part where it is safe to do so
• if that does not resolve the dispute, giving written notice of the issues, the orders you would ask the Court to make, and a genuine offer to settle
• complying, as far as practicable, with the duty of disclosure by exchanging relevant information and documents

You may be exempt from some or all of these steps if the application is urgent, if there are allegations of family violence or a risk of family violence, if complying would unduly prejudice you, or if a previous family law application has been filed by one of the parties in the last 12 months.

Each person has a duty to give timely, full and frank disclosure of all information relevant to the issues in dispute. In a property matter, that includes each person's income, property, debts and financial resources, including interests held through a company, a trust or another structure, and information about certain sales or transfers of property around the time of separation. The duty starts while you are preparing to apply, and it continues until the case is finished.

There can be serious consequences for failing to disclose, including costs orders or the Court taking the failure into account when it decides the matter.

The general steps in a court property case

If an application is filed, the usual pathway in the Federal Circuit and Family Court of Australia is as follows. The Court can vary these steps in an individual case.

1. Filing and serving the application. The case usually starts with an Initiating Application and supporting financial documents. Those documents must be served on the other party.
2. The first court event. Unless the matter is urgent, this is usually listed between 1 and 2 months after filing. It is a procedural hearing. The Court may make directions about disclosure, valuations and dispute resolution, and may make interim orders if the parties agree.
3. An interim hearing, if needed. If a particular issue needs a temporary decision, including an urgent order to protect property, the Court can hear that issue before the rest of the case is finished.
4. Dispute resolution. Financial cases are often referred to a conciliation conference or another form of dispute resolution. The Court aims for this to happen as early as possible, and usually no later than 5 months after the case starts.
5. Preparing for a final hearing, if the dispute is still not resolved. The Court may list further procedural events, including a compliance and readiness hearing, and then a final hearing. The Court aims to list a final hearing earlier than 12 months from the date of filing, where the parties have complied with its directions. After a final hearing, the judge makes a decision and gives reasons.

You can still reach an agreement at any of these stages.

Urgent orders to protect assets

If you are concerned that the other person may sell, transfer, give away or otherwise deal with property, or try to hide assets, you can ask the Court for urgent orders to restrain that conduct.

The Court can make orders about property whether you were married or in a de facto relationship. You can ask the Court to list the application urgently. In extremely urgent situations, the Court can consider making an order without first notifying the other person.

These orders are not automatic. The Court decides each application on the evidence. If your matter is urgent, call 0425 132 179.

Time limits

Time limits apply if you need to apply to the Federal Circuit and Family Court of Australia for property orders.

• If you were married, you generally have 12 months from the date your divorce order takes effect.
• If you were in a de facto relationship, you generally have 2 years from the date the relationship ended.

You can apply for property orders before a divorce is finalised. After these deadlines, an application can usually only proceed if both parties consent or if the court grants leave. Leave is not guaranteed, so it is important to get advice early.

Businesses, trusts, farms and superannuation

A property settlement looks at the property and debts of both people, including assets that are not in a person's own name.

That can include:

• a business or company
• an interest in a family trust
• a farm or rural property
• superannuation, including a self-managed superannuation fund

These interests need to be identified, disclosed and, where necessary, valued. Superannuation can be split as part of a property settlement, but a split does not usually turn superannuation into cash. It remains subject to superannuation law, and is usually preserved until a condition of release, such as retirement, is met. Valuing a self-managed superannuation fund can be more involved, and often needs the assistance of an accountant.

If a superannuation split is sought, the trustee of the fund generally needs to be given notice of the proposed order.

Enquire confidentially

Call 0425 132 179 or send a confidential enquiry using the form on our contact page. The form redirects to our thank-you page, and we call back within one business day, at the time you chose where possible.

Calling or submitting the form does not create a lawyer and client relationship. If your matter is urgent, call 0425 132 179. If you are in immediate danger, call 000.

What happens when you get in touch

1. A confidential first conversation. Call 0425 132 179 or send an enquiry. Your first call is a free 20-minute conversation. We will listen to what is happening and let you know whether we can help.
2. An initial consultation. We meet in person or online to look at your situation in detail and explain your options and likely next steps. The initial consultation is $450 plus GST.
3. A clear plan and a costs estimate. You receive written advice on the way forward and an estimate of costs before any further work begins.

Taking the first step is often the hardest part. Call 0425 132 179 or send an enquiry, and we will take it from there.

Email: admin@hestialaw.com.au

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