What is a discrete property list? The Discrete Property List is a special court process that can streamline property settlements in divorce cases without involving judges. It’s like a “fast lane” for couples who seek only property orders. This may not resolve other simpler matters. So how does it work?
- Early Case Management: Instead of waiting for a judge, a registrar takes charge, helping parties share documents and finalise valuations quickly.
- Focus on Resolution: The registrar encourages parties to discuss and propose their own solutions.
- Early Settlement: If settlement isn’t reached, the case may go to alternative dispute resolution (mediation) or back to the regular court track if needed.
What Is Property Settlement?
Property settlement in Australian family law refers to the process of dividing assets and liabilities (debts) between parties after a marriage or de facto relationship breakdown. This applies to both registered and unregistered relationships. The aim is to achieve a just and equitable outcome for both parties, considering various factors like:
- Contributions: This includes financial contributions (income, inheritances), non-financial contributions (homemaking, childcare), and contributions to the welfare of the family.
- Future needs and resources: Each party’s future income potential, health, and any special needs are considered.
- Standard of living: The aim is to maintain a reasonable standard of living for both parties after the separation.
- Length of the relationship: Longer relationships generally lead to a more equal division of assets.
- Other relevant factors: Any other factors that the Federal Circuit Court deems relevant and just, such as inheritance and gifts within the couple’s property pool, or misconduct.
Check out our fact sheet on property settlement: https://jbsolicitors.com.au/factsheet/property-settlement
Discrete Property List: Streamlining Simple Financial Settlements
Say goodbye to long wait times and crowded courtrooms! The Discrete Property List is a new system designed to make resolving simple financial matters after separation faster and more efficient. Here’s how it works:

What’s included in a discrete property list?
- Splitting assets and debts
- Calculating superannuation adjustments
- Reaching financial agreements
What’s not included in a property list?
- Child custody arrangements
- Child support payments
- Violations of parenting and property orders
Note: In some cases, your matter might be moved to a Judge. This could happen if:
- There are urgent issues you can’t agree on.
- Someone disobeys court rules or orders.
- Attempts to resolve the dispute through other means fail.

What if the Discrete Property Settlement Does Not Work?
While the Discrete Property List (DPL) offers a streamlined approach for simple financial settlements after separation, it’s not a perfect solution and may not work in all situations. Navigating property settlements and property matters can be like crossing a stormy sea: emotions run high, legal complexities abound, and traditional court battles seem daunting.
However, there’s a calmer route – Alternative Dispute Resolution (ADR). ADR offers a toolbox of solutions to navigate these choppy waters with less stress and more control. Think of ADR as a family of methods for resolving disputes outside the courtroom. Instead of judge and jury, picture neutral third parties guiding open and constructive talks between you and your former partner.
What Are the Benefits of ADR?
Let’s unpack the three key benefits mentioned about the alternative dispute resolution (ADR) process, using the information provided and exploring further possibilities:
1. Faster Resolution:
- 65% (as of 2021) settlement rate without a judge: This statistic speaks volumes about the efficiency of ADR. Parties can resolve many conflicts amicably through methods like private mediation or arbitration, avoiding the lengthy and drawn-out process of a full trial.
- 2-3 court events: Compared to multiple hearings and pre-trial motions in litigation, ADR often requires only a few dedicated sessions to reach a settlement. This translates to quicker closure and less disruption for all parties involved.
2. Reduced Costs:
- No expensive court appearances: ADR generally involves lower fees for mediators or arbitrators compared to the combined costs of legal representation, court filing fees, and other litigation expenses. This can significantly ease the financial burden on parties facing a dispute.
- Flexible cost-sharing arrangements: ADR allows parties to agree on how the costs of the process will be shared, which can be more equitable than the winner-takes-all approach of litigation.
3. More Control:
- Active role in resolution: Instead of passively relying on lawyers and judges, parties in ADR actively participate in finding a solution that works for everyone. This fosters a sense of ownership and satisfaction with the outcome.
- Tailored solutions: Unlike the standardised nature of court judgments, ADR allows for creative and flexible solutions that address the specific needs and interests of both parties. This leads to more sustainable and lasting agreements.
ADR processes often emphasise communication and understanding, which can help maintain or even repair relationships between parties. This the case particularly in family disputes or business partnerships. The less adversarial nature of ADR can ease the emotional toll of conflict, fostering a more positive and constructive environment for finding solutions.

What Can JB Solicitors Do With Discrete Property Matters
JB Solicitors’ family lawyers can analyse your case and explain why the DPL wasn’t successful. This could involve identifying the specific complexities or challenges that arose. They can then advise you on the best alternative course of action, considering available options like:
- Referral to a Judge: If the case requires judicial oversight due to its complexity or communication breakdown, JB Solicitors can guide you through the process of presenting your case to a Judge.
- Alternative Dispute Resolution (ADR): If communication difficulties are hindering progress, a family lawyer from our firm can suggest and facilitate ADR methods like mediation or collaborative law to help you and your former partner reach a mutually agreeable solution outside of court.
- Mediation: Mediation is a powerful tool for resolving disputes outside of the courtroom. It’s a structured process where a neutral third party, called a mediator, facilitates communication and negotiation between two or more people in conflict. Unlike a judge, who dictates a solution, the mediator’s role is to guide the parties towards finding a mutually agreeable outcome.
Contact us for more information about the discrete property list or any relevant family law matter.