Complex Property Settlements: Why the MCFP List Matters

Dealing with a high-value or commercially intricate property settlement can be overwhelming.

The Major Complex Financial Proceedings (MCFP) List provides a specialised pathway within the Federal Circuit and Family Court of Australia for matters that require a higher level of expertise, case management and judicial oversight.

Being placed in the MCFP List can lead to a more efficient, streamlined and informed process, ensuring your matter is handled by judicial officers experienced in complex financial disputes.

For parties navigating substantial assets, trusts, companies or valuation disputes, the MCFP List can offer greater clarity, faster progression and a more proportionate use of time and legal costs.

What is the role of the MCFP List?

The MCFP list is designed to manage and determine high-value or complex financial family law matters in an efficient, consistent and expert way. These might include:

• Large or high-value asset pools,
• Companies, trusts, partnerships, or SMSFs,
• Intertwined personal and business finances,
• Disputes about valuation or disclosure,
• Tax implications or multi-jurisdictional issues, and
• Significant disagreements about what forms part of the asset pool.

Requirements for a MCFP list case

To be considered as a MCFP list case and be included in the MCFP List, an application should satisfy the following criteria:

• involve a contested net asset pool of $20 million or more; and
• involve a complex disputed issue such as:
  • serious allegations of non-disclosure (such as a party intentionally or recklessly failing to provide complete and accurate information about their financial circumstances),
  • serious disputes in relation to valuations or other expert reports;
  • substantial assets held through a trust/corporate entity or offshore;
  • substantial third-party claims to the asset pool;
  • serious allegations of fraud; or
  • other complex questions of law or novel points of law; and
• not involve a parenting dispute, or if it does, the parenting dispute can be considered and determined separately at a discrete hearing, or referred to Dispute Resolution, such as a Parenting Dispute Resolution Conference.

Scenario

Imagine a property settlement involving a couple who owns a family business, and the property settlement involves not only the business itself but also associated commercial leases and intellectual property. Without specialist oversight and case management, disputes over the business’s value and future operations could delay resolution for months.

By having the matter in the MCFP List, the Court ensures early expert valuations and targeted directions, helping parties focus on the real issues and progress efficiently toward a just and equitable outcome.

How We Help

Matters placed in the Major Complex Financial Proceedings List require a strategic, well-prepared approach from the outset. We assist clients at every stage of the process, ensuring their matter is positioned clearly and effectively within this specialised jurisdiction.

Our team has extensive experience acting in complex property settlements involving substantial asset pools, family trusts, companies, professional practices and competing valuation evidence. If needed we work closely with forensic accountants, valuers and other financial experts to ensure full and accurate disclosure and to identify issues early, before they escalate.

We focus on building a clear, evidence-based case that aligns with the Court’s expectations for matters in the MCFP List. This includes careful preparation of financial material, structured negotiation strategies, and practical advice about risk, timing and likely outcomes.

Where resolution is possible without prolonged litigation, we pursue it decisively. Where Court involvement is necessary, we provide confident representation before judicial officers experienced in complex financial disputes, always with a focus on achieving a fair, proportionate and commercially sensible outcome.