Legal Project Management Plan & Checklist
Purpose of this Guide: Use this plan when representing an applicant in a parentage application where the respondent refuses or fails to comply with court-ordered DNA parentage testing under Section 69W of the Family Law Act 1975 (Cth). This guide assists the practitioner in applying to the court to draw adverse inferences under Section 69Y, securing a binding declaration of parentage on the balance of probabilities, and initiating retrospective child support.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
Jurisdiction: Federal Circuit and Family Court of Australia, Division 1 and Division 2. This fork covers the contested testing adverse inference pathway. It forks from the parent parentage plan.
The Process at a Glance: Verify that the respondent has failed to attend the NATA laboratory appointments. Draft and file an Application in a Case seeking adverse inferences under s 69Y and a final s 69VA declaration. Lodge a supporting affidavit detailing the non-compliance. Personally serve the respondent. Represent the client at the hearing, present the refusal evidence, and secure the s 69VA declaration. Update the birth registry and lodge child support claims.
Key Legislation and Case Law: Governed by Section 69Y of the Family Law Act 1975 (Cth) for adverse inferences and Section 69VA for final parentage declarations. Pre-action procedures are mandated by Schedule 1 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth). Case law includes Diggins & Diggins (1992) FLC 92-304. 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 Parentage Declaration (Applicant) - FCFCOA - Contested Testing - Section 69Y Adverse Inference Pathway 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.
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.
Coordinate the collection and review of all financial documentation required for disclosure, including statements, valuations, and supporting schedules as mandated by the rules.
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.
The declaration under Section 69VA Family Law Act 1975 (Cth) remains conclusive evidence of parentage.
Assess the strategic considerations for interim applications, prepare supporting evidence, and draft the necessary documentation for urgent or time-sensitive relief sought.
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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