Legal Project Management Plan & Checklist
Purpose of this Guide: Use this plan when a client needs to initiate court proceedings in the Federal Circuit and Family Court of Australia (FCFCOA) to set aside an LCSA under section 136 of the Assessment Act, or seek child maintenance orders under the Family Law Act 1975 (Cth) when they are ineligible for administrative assessment. Open this plan at triage when pre-action discussions have failed and a court application is required.
Jurisdiction: Federal: governed by the Child Support (Assessment) Act 1989 (Cth) and the Family Law Act 1975 (Cth). Proceedings are conducted in the Federal Circuit and Family Court of Australia (FCFCOA).
The Process at a Glance: Assess statutory grounds for setting aside the agreement (such as fraud, undue influence, or exceptional circumstances). Check pre-action procedure exemptions. Draft the Initiating Application, detailed Affidavit, and Financial Statement. File and serve the documents. Attend the first directions hearing and participate in court-ordered mediation. If unresolved, compile the trial bundle and represent the client at the final hearing. Serve sealed court orders on Services Australia to update the assessment.
Key Legislation and Case Law: Governed by the Child Support (Assessment) Act 1989 (Cth) - s 136 (orders to set aside agreements), s 117 (departure from assessment). Family Law Act 1975 (Cth) s 66E limits child maintenance if administrative assessment is available. Under rule 4.01(2)(c) of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth), child support proceedings are exempt from Schedule 1 pre-action procedures, though parties should still take genuine steps to resolve disputes before filing.
* 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 Limited Child Support Agreement (LCSA) - FCFCOA Court Proceedings - Litigation and Set-Aside 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.
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