Legal Project Management Plan & Checklist
Purpose of this Guide: Use this plan when your client is a parent or carer who wants to enforce existing parenting orders that have been breached by another party. This plan is designed for legal practitioners to navigate the National Contravention List (NCL) of the Federal Circuit and Family Court of Australia. It guides the practitioner through the process of seeking make-up time or compliance orders to restore contact and ensure child safety. Verify current guidelines on the official Australia Government Portal.
Jurisdiction: Federal Circuit and Family Court of Australia (FCFCOA), operating under the Family Law Act 1975 (Cth) and the FCFCOA (Family Law) Rules 2021. This plan applies across all Australian states and territories except Western Australia, where de facto parenting matters fall under state jurisdiction. Two forks exist: De Facto Western Australia (FCWA) Pathway (for Western Australian de facto matters) and Respondent Client (for representing a respondent defending allegations of non-compliance).
Use this fork when representing an applicant seeking to enforce parenting orders in Western Australia where the parties were in a de facto relationship. Because de facto relationships in Western Australia do not fall under federal jurisdiction, they are governed by state legislation and must be initiated in the Family Court of Western Australia. This fork guides the practitioner through the WA-specific filing and compliance procedures. Verify current guidelines on the official WA Legislation.
Use this fork when representing the respondent who has been served with a Parenting Order Contravention Application in the National Contravention List. This fork is designed for legal practitioners to safeguard the respondent's rights, assert the privilege against self-incrimination under Rule 6.01(4), and prepare a comprehensive defence strategy based on the statutory reasonable excuse framework. Verify current guidelines on the official Australia Government Portal. Access services via the Federal Register of Legislation.
The Process at a Glance: The matter begins with conducting a conflict check and assessing whether the client has standing and a valid primary order. The practitioner verifies if a section 60I Family Dispute Resolution (FDR) certificate is held or if an exemption applies. A formal 14-day Notice of Claim is sent, and if unresolved, the initiating package is compiled, including the Application - Contravention, supporting Affidavit, Genuine Steps Certificate, and sealed primary orders. In Queensland, the affidavit may be executed electronically via AVL with a Special Witness. The package is submitted via email to the registry. Personal service is effected on the respondent at least 7 clear days before the First Return Date. If the matter is contested, directions are given, subpoenas are issued, and a contested hearing is held where the court determines liability and makes compliance or costs orders. Verify current guidelines on the official Australia Government Portal. Access services via the Federal Register of Legislation.
Key Legislation and Case Law: Family Law Act 1975 (Cth) - Part VII, Division 13A (statutory enforcement framework), s 70NAC (definition of contravention), s 70NAE (reasonable excuse test, shifting the burden of proof to the respondent), s 70NEA(1) (remedial orders balance of probabilities standard), s 70NEA(2) (punitive sanctions beyond reasonable doubt standard), s 70NBB (make-up time orders), s 70NBC (varying primary parenting orders using s 60CC best interests factors), s 70NFE(4) (compliance bonds), s 117 (discretionary costs orders), s 60I (mandatory FDR and exemptions under s 60I(9)), s 65DAAAA (rule in Rice v Asplund for significant change in circumstances). Federal Circuit and Family Court of Australia (Family Law) Rules 2021 - Chapter 11 (rules for contraventions), Rule 6.01(4) (respondent exemption from duty of disclosure to preserve privilege against self-incrimination), Rule 2.14 (formatting specifications), Rule 4.02 (pre-action requirements). Oaths Act 1867 (Qld) - Part 6A (Audio-visual link witnessing by a Special Witness). Practice Direction - National Contravention List (email filing requirements and case management).
* 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 Parenting Order Contravention Application (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 DISPUTE_LITIGATION 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.
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.
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.
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.