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This factsheet provides information to families about options for resolving property disputes. Print version: |
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What is the Property Arbitration Program?
Legal Aid Queensland offers an arbitration service to married couples who have separated (or divorced within the last twelve months) and need help to divide their property and financial resources. Legal Aid Queensland has formed a panel of experienced family law practitioners who are qualified to arbitrate property matters. The decisions of these arbitrators are binding.
Who does the service assist?
The service assists people who:
- were married but are now separated (or divorced within the last twelve months)
- meet the Legal Aid Queensland means test
- have property with a total net equity of between $20,000 and $400,000
- are willing to abide by an arbitrator’s decision
- are unable to resolve their property dispute without the help of a suitably qualified third party
- have resolved the issue of where their children will live.
Please note that this service is not available for property matters arising out of de facto relationships.
Why choose arbitration?
Arbitration is a convenient way to reach resolution of outstanding property disputes.
The Property Arbitration Program is designed to provide timely and equitable resolution of these disputes without having to go through a lengthy and expensive process through the Family Court.
Decisions made by the arbitrator are made in accordance with current Family Court practices and therefore the decisions will be similar to, or the same as, a decision that would be made by the Family Court.
Once the arbitrator has issued their decision this may be registered with the Family Court, or lodged in the form of a consent order.
Who are the arbitrators?
Legal Aid Queensland has appointed arbitrators who are experienced family law practitioners. They are also required to have received specialist training from a suitable institution or professional association of arbitrators.
What is the process?
- An application for aid is lodged with Legal Aid Queensland.
- Both parties agree to participate in property arbitration.
- Parties are issued with an arbitration pack and assigned a solicitor.
- Information is exchanged between the parties.
- You and your solicitor respond to the other person’s information.
- All material is submitted to the arbitrator.
- Your solicitor may provide oral submissions, if you choose to exercise this right.
- The arbitrator will issue a decision within 28 days of receiving all the material or hearing oral submissions.
- The decision of the arbitrator is lodged with the Family Court.
What are the costs?
When you receive your property settlement Legal Aid Queensland will issue a notice to you advising how much you need to pay back. This is called a retrospective contribution. Usually this will include your solicitor fees and half of any outlays paid for by Legal Aid Queensland.
The amount of your retrospective contribution will never exceed 20% of your settlement and will usually be a lot less.
As Legal Aid Queensland pays a significantly lower rate to solicitors than they usually charge, the costs to you will be a lot less than if you were a ‘privately paying’ client.