Legal Project Management Plan & Checklist
Purpose of this Guide: Use this plan when parents or eligible non-parent carers want to enter into a legally binding private agreement that overrides the standard formula-based administrative child support assessment. A Binding Child Support Agreement (BCSA) allows the parties to agree on any rate of child support, including periodic cash maintenance, school fees, extracurricular expenses, and private health costs. Open this plan at intake when a client requests advice on structuring private child support arrangements or needs to formalise a settlement without litigation.
Jurisdiction: Federal - governed by the Child Support (Assessment) Act 1989 (Cth) and registered with Services Australia (Child Support Division). There are two forks in this plan family: one for administrative objections and tribunal reviews through the Administrative Review Tribunal (ART), and another for court litigation in the Federal Circuit and Family Court of Australia (FCFCOA) to set aside or enforce an agreement.
The Process at a Glance: Conduct a conflict check and verify that the payee client holds at least 35% care of the children to meet the statutory definition of an eligible carer. Gather and exchange three years of financial disclosure, including tax returns, bank statements, and payslips to ensure full disclosure. Draft the custom BCSA deed, ensuring the mandatory Section 80C(2) Statement of Advice recitals are included in the body of the agreement, and incorporate a Section 80D role swap clause. Conduct separate legal advice consultations and execute the deed, ensuring that independent solicitors sign and annex the Form CS4137 certificates. Complete and lodge Form CS1666 to register the BCSA with Services Australia. Audit the subsequent Provisional Notional Assessment within the 14-day objection window to ensure calculation accuracy and advise the payee on the Family Tax Benefit Part A maintenance income test reduction.
Key Legislation and Case Law: Governed by the Child Support (Assessment) Act 1989 (Cth) - s 80C (Binding Child Support Agreements), s 86 (eligible carer care percentage threshold), s 80D (terminating events and role swap), s 146D (Notional Formula Assessments), and s 136 (grounds for setting aside). Administrative registration is guided by the Child Support (Registration and Collection) Act 1988 (Cth). Under the landmark family law precedent of Benjamin v Benjamin (1997) FLC 92-723, the statutory statement of advice must be explicitly written into the body of the agreement itself, otherwise the BCSA is void. Case law on setting aside an agreement under s 136 includes [Cheyne & Masters & Anor [2014] FCCA 1684](https://www.fcfcoa.gov.au/fl/forms) (reversal of care arrangements as exceptional circumstances) and [Lincoln v Lincoln [2013] FCCA 285](https://www.fcfcoa.gov.au/fl/forms) (involuntary business liquidation as exceptional circumstances). Rules of court are governed by the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).
* 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 Binding Child Support Agreement (BCSA) 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 Transactional Drafting process. Utilize these tracking templates to manage your legal cases efficiently.
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.
Statutory basis: Section 86 Child Support (Assessment) Act 1989 (Cth). The care gateway requires at least 35% care. Below this, the payee is not an eligible carer and cannot receive child support under an agreement.
Care categories and night allocations are defined in Section 55C.
Draft and dispatch formal correspondence addressing the procedural requirements at this stage, including any required notices, requests for information, or proposals for resolution.
Coordinate the collection and review of all financial documentation required for disclosure, including statements, valuations, and supporting schedules as mandated by the rules.
Statutory basis: Rule 6.01 and Rule 6.06 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth). Both parties must make full and frank financial disclosure.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
Statutory basis: Section 80C(2) and Section 80D Child Support (Assessment) Act 1989 (Cth).
Precedent: confirms that the Statement of Advice must be in the body of the agreement. Without this, the BCSA is void.
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.
Statutory basis: Rule 6.06. Failure to disclose material assets or income is grounds for setting aside an agreement under Section 136 of the Assessment Act.
Assess the strategic considerations for interim applications, prepare supporting evidence, and draft the necessary documentation for urgent or time-sensitive relief sought.
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.