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Eligibility Policies - Commonwealth Property Mediation Pilot

COMMONWEALTH PROPERTY MEDIATION PILOT

Eligibility Policies

Funding for Early Resolution Assistance (ERA) is available under the Commonwealth Property Mediation Pilot (the Pilot) for disputes about property.

To be eligible for funding under the Property Pilot the applicant must satisfy the following eligibility criteria.

  1. The applicant satisfies the ERA Means Test, and
  2. The applicant satisfies the ERA Merit Test.

And the property in dispute is about:

  • The superannuation split, or
  • The estimated total net value of the pool of assets is $500,000 or less (excluding superannuation), or
  • The total net value of the applicant’s claim is $250,000 or less, or
  • There is a negative property pool (the dispute is about debts)

And the applicant has one or more of the following subjective circumstances:

  • The applicant has experienced domestic or family violence, including financial abuse, or
  • The applicant has cultural factors or has experienced social isolation that may impact on their capacity to negotiate effectively, or
  • The applicant has a history of mental health issues, intellectual, physical or cognitive impairment that is likely to impact on their ability to negotiate without legal representation, or
  • The applicant is homeless or at risk of homelessness.

Note: where we determine the first party is eligible for ERA, the second party will be deemed eligible.

Information for clients

This factsheet can be provided to clients to explain the pilot and how to apply.