Legal Project Management Plan & Checklist
Purpose of this Guide: Use this fork when the parties have agreed on both property division and parenting arrangements and want to formalise both in a single Application for Consent Orders. Combining property and parenting orders in one application is the most efficient approach and avoids the cost and delay of two separate processes. However, it requires satisfying the procedural requirements for both streams simultaneously, including the Notice of Child Abuse, Family Violence or Risk, the Annexure to Proposed Consent Parenting Orders, and the parenting-specific disclosure categories. Open this fork at intake when the client's brief covers both property and children matters.
Jurisdiction: Federal Circuit and Family Court of Australia (FCFCOA), assessed by a Registrar in chambers. Parenting orders under Part VII of the Family Law Act 1975 (Cth) and property orders under s 79 (married) or s 90SM (de facto) are made in the same application.
The Process at a Glance: Complete the standard consent orders process from the parent plan and additionally prepare the parenting-specific ancillary documents. Draft parenting orders that focus on the best interests of the child under the amended s 60CC(2) framework (no equal shared parental responsibility presumption from 6 May 2024). Complete Item 25 (child safety and risk) in the Application for Consent Orders. Prepare the Notice of Child Abuse, Family Violence or Risk and both parties' Annexures to Proposed Consent Parenting Orders. Ensure child-specific disclosure (DV orders, criminal records, medical and school records) is obtained and disclosed. Include child welfare submissions in Part D of the application.
Key Legislation and Case Law: Family Law Act 1975 (Cth) - s 64B (definition of parenting order), s 60CA (best interests paramount), s 60CC(2) (seven general best interests considerations - amended 6 May 2024, no hierarchy), s 61C (parental responsibility), s 67Z and s 67ZBA (mandatory reporting obligations), s 65DAAA (codified Rice and Asplund - significant change required to vary final parenting orders). May 2024 amendments abolished the equal shared parental responsibility presumption (former s 61DA) and the mandatory equal time/substantial significant time consideration (former s 65DAA). ***Rice v Asplund (1979) FLC 90-725*** - now codified in s 65DAAA - applies once consent parenting orders are sealed; variation requires a significant change in circumstances.
* 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 Consent Orders - Property and Parenting (Administrative) - Combined Property and Parenting Orders (Joint Application) 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 Administrative Filing 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.
Family Law Act 1975 (Cth) s 60CA, s 60CC(2) (as amended 6 May 2024), s 64B (definition of parenting order), s 61C (parental responsibility). Former s 61DA (equal shared parental responsibility presumption) ABOLISHED. Former s 65DAA (equal time / substantial and significant time mandatory consideration) ABOLISHED. Rice v Asplund (1979) FLC 90-725 codified in s 65DAAA - once final parenting orders are made, the court must not reconsider them unless there has been a significant change in circumstances and it is in the best interests of the child to reconsider.
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.