Urgent Property Proceedings
In some circumstances parties may need to file urgent applications seeking property orders.
When is a property matter considered urgent?
There are some circumstances when a court will consider that property proceedings are urgent, for example:
- Is the other party about to sell the family home or a property of the relationship?
- Has the other party already sold the family home or a property of the relationship?
- Are assets of the relationship being depleted without your consent?
- Will a delay mean that there is going to be nothing left if your matter isn’t dealt with urgently?
What to do?
It is important that you get legal advice from a family lawyer who has experience with property proceedings. They can point you to the right path, and advise as to how to best proceed.
What do you file?
Filing in the Family or Federal Circuit Courts are now done online through the ComCourts portal – and this is due to changing protocols because of covid-19.
When initiating court proceedings, you will need to file an Initiating Application, an Affidavit, a Financial Statement, and because your matter is urgent and you probably won’t have a section 60 I certificate. This means you will need to file a specific affidavit outlining the urgency of your situation.
If you are also filing in relation to parenting, you are also required to file a Notice of Risk/Notice of Abuse.
Your documents will also be accompanied by a letter to the registry which outlines in brief, why your matter needs to be urgently dealt with.
If the court considers that your property matter is urgent, the first court date will likely take place within 2-4 weeks. This is a lot sooner than non-urgent matters, and how quickly the matter is given a court date will depend on how urgent the court views your matter to be.
In your application, you can seek orders seeking certain parties be restrained from dealing with assets of the relationship and on the first court date, orders can be made.
For example, an order may be made restraining the parties from selling the marital home, or, if the home is already sold, an order may be made for moneys to remain in a trust account until an agreement can be reached about what to do with that money.
At Forshaw Lawyers, we have acted in matters seeking urgent injunctions and restraints in property proceedings. In situations where there is risk that assets of a relationship will be disposed, it is important to work quickly.
Contact Forshaw Lawyers on 9620 1379.