Legal Project Management Plan & Checklist
Purpose of this Guide: Use this plan when representing an applicant seeking maintenance for a child who is turning 18 or has already turned 18. This guide helps the practitioner determine eligibility, comply with pre-action procedures, compile evidence, calculate proportional contributions, and file applications in the Federal Circuit and Family Court of Australia.
Jurisdiction: Federal Circuit and Family Court of Australia (FCFCOA), national registry. This parent plan covers the general intake, mediation, and drafting procedures for adult child maintenance applications. Two forks address the specific statutory gateways: Education Limb (Academic Pathway) and Disability Limb (Special Needs Pathway).
The Process at a Glance: The matter begins with conflict checks and relationship status verification. The practitioner conducts risk screening and exchanges pre-action information. If alternative dispute resolution is unsuccessful, the practitioner serves a notice of intention to file. The practitioner compiles financial disclosure, models the child's budget, drafts the Initiating Application, Financial Statement, and supporting affidavit, and files them via the portal. After personal service, the practitioner represents the client through directions, conciliation, and final hearing.
Use this fork when the adult child maintenance application is brought under the disability limb of Section 66L, where support is necessary because of a mental or physical disability of the child. This guide covers medical evidence compilation, supported work capacity assessments, NDIS funding, and special needs budget calculations.
Use this fork when the adult child maintenance application is brought under the education limb of Section 66L, where support is necessary to enable the child to complete their secondary, tertiary, vocational, or apprenticeship studies. This guide covers academic status verification, student earning capacity assessment, and study-related budget modelling.
Key Legislation and Case Law: Applications are governed by Section 66L of the Family Law Act 1975 (Cth) (the Act). Pre-action compliance is mandated by Schedule 1 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth). The court applies a two-step methodology under Section 66H, assessing needs under Section 66J and parental capacity under Section 66K. Key cases include Everett v Everett (2014) 52 Fam LR 190 on necessity, Wadsworth and Wadsworth [2022] FCCA 2043 on employment, Re AM (Adult Child Maintenance) (2006) FLC 93-262 on age limits, and FM and FM (1997) FLC 92-738 on supported work capacity. eFiling is executed via the Commonwealth Courts Portal.
* Disclaimer: We're nobody's lawyer, because we aren't lawyers. You are, so you know better than to take legal advice from an app. We also aren't accountants or dog trainers - just digital spirit guides taking zero liability for any of this. This site exists to gather the collective knowledge of practitioners like you. Verify everything and submit your feedback on the Adult Child Maintenance (Applicant) matter plan to improve the playbook. THIS IS NOT LEGAL ADVICE, it's a request for input.
This legal matter plan provides a structured workflow for Family Law cases, outlining the standard Litigation process. Utilize these tracking templates to manage your legal cases efficiently.
Complete client intake and identify any joint representation conflict risks.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.
Draft and dispatch formal correspondence addressing the procedural requirements at this stage, including any required notices, requests for information, or proposals for resolution.
Satisfy Schedule 1 pre-action requirements before initiating litigation.
Coordinate the collection and review of all financial documentation required for disclosure, including statements, valuations, and supporting schedules as mandated by the rules.
Build the necessary evidentiary schedules supporting child needs and parental capacity.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
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Conduct a thorough review of all filed materials to ensure compliance with court requirements, verify service obligations have been met, and prepare for the next procedural milestone.
Assess the strategic considerations for interim applications, prepare supporting evidence, and draft the necessary documentation for urgent or time-sensitive relief sought.