How a property case runs in the Family Court of WA, step by step

If you and your former partner cannot agree on how to divide your property, the case is decided in the Family Court of Western Australia. Every WA property case starts there, whether you were married or in a de facto relationship. The Federal Circuit and Family Court of Australia, which hears these cases in the other states, does not hear them in WA.

The court runs a contested property case through a set series of events. Knowing what each one is for helps you prepare, and helps you see the points at which a case can still settle.

Before anything is filed

The court expects you to try to resolve a financial dispute before you apply. Rule 22 of the Family Court Rules 2021 (WA) and the pre-action procedure in Schedule 1 to those rules require you to:

(a) try dispute resolution, such as negotiation or mediation;

(b) if dispute resolution fails or is not available, send the other party a notice of intention to claim, setting out your position, and give them at least 14 days to reply; and

(c) start exchanging financial documents.

There are exceptions. Rule 22 excuses the steps where, for example, there is family violence or fraud or the case is urgent. Schedule 1 adds further cases where they may not be appropriate, such as a time limit close to running out or a genuine dispute about whether a de facto relationship existed. A lawyer will tell you whether an exception applies before you skip a step, because the court checks.

Starting the case

A case starts with an Initiating Application (Form 1). With it you file a financial statement (Form 13) and an affidavit setting out your evidence (r 27). From 1 July 2026 the filing fee for final financial orders is $455, and an application for interim orders as well adds $155. If you hold a concession card or are in financial hardship you may not have to pay.

The other party then files a response, with their own financial statement and affidavit.

The procedural hearing

The first court event in a property case is usually a procedural or directions hearing. The judicial officer works out what is in dispute, checks that the pre-action steps and the disclosure duty have been followed, and makes orders to get the case ready. Typical orders are:

(a) produce specified documents before the conciliation conference;

(b) obtain valuations of the home, a business or other assets;

(c) obtain an expert report, often from a single expert both parties use; and

(d) list the case for a conciliation conference.

Documents not yet disclosed must be exchanged at least two days before this hearing (r 190). If a party has not filed and served what they were told to, the hearing may not go ahead, and the court can order that party to pay costs.

The conciliation conference

This is the main settlement event. A registrar of the court meets with both parties and their lawyers, usually for one or three hours, to try to reach an agreement. Each party files Conciliation Conference Particulars (Form NP6) and exchanges updated financial documents beforehand (r 191). What is said at the conference is privileged, so it generally cannot be used at a trial unless both parties agree, subject to limited exceptions such as reporting child abuse. The court fee for a conciliation conference is $510 from 1 July 2026.

If the case settles, the registrar can make consent orders that day. If it does not, the registrar makes orders that prepare the case for trial. There is usually only one conference.

The readiness hearing and the callover

At the readiness hearing the court checks that the case is ready for trial. By then, all trial documents should be filed. Each party must also have filed an undertaking as to disclosure beforehand. Rule 212 says at least 28 days before; the court's own readiness hearing page says 56 days unless orders say otherwise, so follow the orders made in your case. This is a signed promise that you have read the disclosure rules and complied with them. A false statement in it is an offence with a fine of up to $5,500 (r 211).

A party who has not done what was ordered may have their application struck out, or the case may go to trial without them being ready.

The case then goes to a callover, where it is given a trial date or a "not before" date, usually a few months away.

The trial

At trial a judge or a magistrate hears the evidence, including cross-examination, and decides how the property is to be divided.

For a married couple the court applies s 79 of the Family Law Act 1975 (Cth). For a de facto couple it applies s 205ZG of the Family Court Act 1997 (WA). Both ask what is just and equitable, but the steps differ. In both, each party normally pays their own legal costs.

Smaller cases: PPP500

Where the net value of the property, not counting superannuation, is $500,000 or less, and there are no companies or trusts that need expert investigation, and neither party seeks parenting, child support or enforcement orders, the case can run as a Priority Property Pool case (PPP500). The process is shorter and the paperwork lighter. The WA threshold is lower than the $550,000 used in the federal court.

How long it takes, and when cases settle

The court's Annual Review 2025 reported a median time to trial of 192 weeks, about three years and eight months, across all cases that reached trial in 2025. For financial-only cases it was 187 weeks. The same report recorded that 90.8% of final order applications were finalised before trial.

So most cases settle along the way. You can settle at any point up to judgment. Once a case is running you do not need a separate consent order application: both of you sign a minute of consent orders and it is handed up to the court.

Where a lawyer fits

A family lawyer's work is front-loaded. Getting disclosure, valuations and the notice of intention to claim right early is what makes the conciliation conference worth attending. Your lawyer prepares your financial statement and affidavit, deals with the other side, and argues your position at each event. If the case goes to trial, your lawyer briefs a barrister if needed and runs the evidence. Many people never reach trial because they know where they stand by the conference.

This article is general information about the law in Western Australia as at 27 October 2026. It is not legal advice about your situation.