PDF download, 1.7 mb
This information is general and is not a substitute for legal advice. The Legal Services Commission provides free advice for most legal problems. Contact the Legal Helpline on 1300 366 424 or visit www.lsc.sa.gov.au or www.lawhandbook.sa.gov.au
A Property Dispute Resolution (PDR) Conference assists separated couples to discuss and negotiate a division of property, including houses, motor vehicles, household items, finances and superannuation.
To be eligible for a PDR Conference, either you or your former partner must have legal aid. Legal aid is subject to financial and
other conditions.
It is not a requirement that you have a lawyer represent you at a PDR Conference, but it is recommended. If you choose not
to have a lawyer with you to assist with negotiations we would encourage you to obtain legal advice before attending the Conference.
Conferences are a good way of settling your property arrangements after separation more quickly and with less stress and anxiety than Court proceedings.
It is an opportunity for you to have your say and to consider solutions which best suit your situation.
It can be very expensive and take a long time if a property dispute has to be decided by a Court.
You and your former partner will take part in the Conference, together with your lawyer who is present to assist in negotiations and provide you with legal advice.
The Conference is conducted by a Chairperson who is impartial and a qualified lawyer with training in Conferencing.
Before a PDR Conference can proceed, both parties must have provided a full list of assets (including superannuation) and liabilities together with their valuations or balances.
Both parties should receive preliminary legal advice on the appropriate factors to consider at the Conference and the legal effect of any agreement reached.
The Chairperson helps you and the other party state your position and to develop options to resolve the property issues which are relevant and practical to your particular situation.
Generally, during the Conference, you and the other person are in separate rooms and the Chairperson will move between rooms (called shuttle) to discuss issues with the lawyers.
Conferences by telephone or video link may also take place in certain circumstances.
After the Conference, if the matter doesn’t resolve, the Chairperson may make recommendations to the Legal Services Commission about whether or not legal aid should be continued. The recommendations are based on the legal merits of the case, including whether there is a reasonable chance of success in Court.
The first step is for you or the other person (or both) to apply for legal aid for a Conference. To find out how to do this telephone the Legal Help Line on 1300 366 424.
Before a Conference is held, the FDR Unit checks if there is a background of family violence, drug or alcohol misuse, mental health issues or any other concerns.
It may be possible to hold a Conference where these issues exist, but the FDR Unit ensures that safety measures are put in place. For instance, the Legal Services Commission provides secure rooms where the Conference is conducted. If you have any concerns about safety, please raise these with your lawyer or the FDR Unit prior to the Conference.
Family Dispute Resolution (FDR) Unit
Legal Services Commission
159 Gawler Place
Adelaide SA 5000
Telephone 8111 5534
11 November 2021
We embrace diversity and welcome all people, irrespective of culture, faith, sexual orientation and gender identity.
.png)
.jpg)
.jpg)
.jpg)
Legal Services acknowledges Aboriginal people as the Traditional Owners and ongoing occupants of the lands and waters in South Australia and we respect their spiritual, cultural and heritage beliefs. We recognise their continuing connection to land, water and community and pay our deep respect to Elders past and present.
.png)
.png)
