Property Conciliation Conference

In property settlement matters, the Court expects separating couples to take every opportunity to attempt to resolve their matter by negotiating and reaching their own agreement. Even if the parties have attended mediation prior to applying for Court orders, the Court will usually ask the parties to try at least once more to resolve their dispute themselves. 

The Court can order that the parties attend a conciliation conference instead of private mediation if the Court resources are available. It is usually the next step after the first return hearing or after any interlocutory applications are resolved. Sometimes parenting issues can be considered as well.

A Conciliation Conference is similar to a mediation, but the mediator is a registrar of the Court, and the fee that is charged is a fixed-fee payment to the court, rather than a larger fixed fee, or hourly rate, which is common in private mediations. If either party has a lawyer, then the lawyer is also required to attend the conference, and is present throughout to provide advice and assist negotiations. 

What Must I Do Before The Conciliation Conference?

To make the best possible use of the conference both parties must exchange full and frank financial disclosure and prepare a joint balance sheet of all assets, liabilities and superannuation. If there is disagreement about the value of any asset or superannuation interest, then a valuation must be obtained. Lawyers help with this. Usually, the parties will instruct a single expert to value the disputed item. This means that both parties are involved in engaging the valuer, and both parties must accept the valuation given.

If there remain disputes as to financial disclosure or the value of any asset then the conference could be vacated and could result in a costs order being made against a party.  

What Can I Expect At The Conciliation Conference?

Generally, four hours are allocated for the conciliation conference to allow negotiations to be pursued fully.

Different registrars have different ways of conducting their conferences, but usually they first speak to the parties jointly to explain the expectations of the day and then discuss any issues in dispute for example as to the balance sheet or legal principles. The lawyers may be asked to give a brief outline as to what the case is about and both parties are required to file documents setting out their respective offers to settle the dispute. The registrar has the benefit of reading the court documents filed by each party before the conference begins. The registrar then conducts discussions in an attempt to get the parties reach a settlement on all issues. Often, the registrar will meet with the parties separately and sometimes will meet the parties jointly and without the legal representatives present.

If either party has any concerns about being in the same room as the other party, they should advise their solicitor to ensure that the registrar is aware of those concerns. Discussions in conciliation conferences are generally referred to as being confidential – they cannot be referred to in any later court hearings if a settlement is not reached.

At the end of the discussions, the registrar will sum up what has happened, highlighting the agreements reached. If you reach agreement on all issues, your solicitor will prepare terms of settlement for you to sign so that the court can make orders during the conference.

If you do not reach final agreement, the registrar will make orders that the parties were unable to reach resolution, and the matter will then proceed to a procedural hearing within 7 days to consider what will happen next.

Please contact Armstrong Legal to talk to one of our specialist family law solicitors.