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This factsheet provides information to legal practitioners about the Property Arbitration Program. 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)
- one party to the dispute must meet the Legal Aid Queensland means test
- have property with a total net equity of between $20,000 and $400,000
- have resolved the issue of where their children will live
- are willing to abide by an arbitrator’s decision
- are unable to resolve their property dispute without the assistance of a suitably qualified third party.
Please note that this service is not available for property matters arising out of de facto relationships.
PLEASE NOTE: Legal Aid Queensland offers a self-funding service to financially ineligible parties, on the condition that the applicant party is financially eligible.
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?
- Both parties agree to participate in property arbitration.
- An arbitration pack is issued to both practitioners together with a grant of aid.
- Information is exchanged between the parties.
- You assist your client to respond to the other person’s information.
- All material is submitted to the arbitrator.
- You may provide oral submissions unless your client waives this right.
- The arbitrator will issue a decision within 28 days of receiving all the material or hearing the oral submissions.
- The decision of the arbitrator is lodged with the Family Court in the form of a consent order.
What are the fees?
The initial grant of aid allows for up to 14 hours work to complete the process. This is made up of 12 hours to assist your client with the completion of the pack and the process and a further two hours for completion of consent orders.
Legal Aid Queensland may also extend aid for outlays such as medical reports, a valuation (if required),conveyancing and other outlays if considered necessary. Talk to your grants officer if you require an outlay extension.
Retrospective contribution
When your client receives their property settlement Legal Aid Queensland will issue a notice to you and your client advising how much they need to pay back. This is called a retrospective contribution. Usually this will be for the amount of your fees and half of any outlays expended.
The amount of the retrospective contribution will never exceed 20% of the property settlement.
If you would like more information about the Property Arbitration Program please call Legal Aid Queensland on 1300 65 11 88 (local call costs apply).