Legal Project Management Plan & Checklist
Purpose of this Guide: Use this plan when representing a client who is applying for spousal maintenance or de facto partner maintenance. This guide is designed for legal practitioners to navigate the steps required to secure periodic or lump sum financial support from a former spouse or partner. It helps the practitioner assess the client's financial needs, confirm the other party's capacity to pay, and navigate the necessary pre-action negotiations and court filings. Verify current guidelines on the official Australia Government Portal. Access services via the Federal Register of Legislation.
Jurisdiction: Federal Circuit and Family Court of Australia (FCFCOA), operating under the Family Law Act 1975 (Cth) and the Federal Circuit and Family Court of Australia (Family Law) Rules 2021. This plan applies to all Australian states and territories except Western Australia, where de facto maintenance claims are handled under state jurisdiction. Two forks exist: De Facto Relationship in Western Australia (FCWA) Pathway (for Western Australian de facto relationships) and Respondent Client (for representing a respondent defending against a maintenance claim).
Use this plan when representing a respondent defending against a spouse or de facto partner maintenance application. This guide is designed for legal practitioners to assess the applicant's claim of need, evaluate the respondent's financial capacity, and formulate a defence strategy. It helps the practitioner respond to pre-filing notices and draft the necessary responsive pleadings and financial disclosures. Verify current guidelines on the official Australia Government Portal. Access services via the Federal Register of Legislation.
Use this plan when representing a de facto partner applying for partner maintenance in Western Australia. This guide is designed for legal practitioners to navigate the state-based jurisdiction of the Family Court of Western Australia. It helps the practitioner establish the existence of the relationship, satisfy the geographical gateways, and comply with the specific rules and forms of the Western Australian court system. Verify current guidelines on the official WA Legislation.
The Process at a Glance: The matter begins with conducting a conflict check, establishing the relationship track, and calculating the statutory limitation date. Next, the practitioner checks for family violence or urgency exemptions before inviting the respondent to dispute resolution and exchanging initial financial summaries. If dispute resolution is unsuccessful, the practitioner serves a formal Notice of Intention to Start a Proceeding. If no settlement is reached within 14 days, the practitioner prepares the initiating package, including the Initiating Application, Financial Statement, Questionnaire, Affidavit, and Genuine Steps Certificate. After the client and witness execute the documents, the package is filed through the Commonwealth Courts Portal and personally served on the respondent. If the matter does not resolve by consent, the parties attend the First Court Event and continue ongoing disclosure and litigation management. 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) - Section 72 (right of married party to maintenance), Section 74 (power of court to make orders), Section 75(2) (discretionary matters to consider), Section 81 (clean break principle), Section 71A (binding financial agreements), Section 77A (specification of lump-sum maintenance), Section 90SE (right of de facto partner to maintenance), Section 90SF(3) (de facto discretionary factors), Section 90ST (de facto clean break), Section 90SA (de facto binding financial agreements), Section 90SH (de facto specification of lump-sum maintenance), Section 44(3) (limitation period for married parties), Section 44(5) (limitation period for de facto parties), Section 44(4) and Section 44(6) (leave and hardship tests). Key case law includes In the Marriage of Eliades (1981) 6 Fam LR 516 (threshold findings of need and capacity), In the Marriage of Bevan (1993) 17 Fam LR 474 (inability to support oneself and capacity to pay), [Seden v Kehoe [2002] FMCAfam 324](https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/FMCAfam/2002/324.html) (need vs capacity), In the Marriage of Clauson (1995) 18 Fam LR 689 (adequately is not a subsistence-level baseline and parties should live at the standard enjoyed during the relationship), Ingold v Ingold (1984) 9 Fam LR 717 (other adequate reasons), [Elei and Dodt [2011] FamCA 541](https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/FamCA/2011/541.html) (other adequate reasons), Jonah v White (2012) 48 Fam LR 454 (evaluating whole circumstances for de facto relationship), Whitford and Whitford (1979) 4 Fam LR 754 (hardship requires proof of substantial detriment if leave were refused), [V and S [2006] FLC 93-274](https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/FamCA/2006/158.html) (prima facie case with a real probability of success), [Ordway and Ordway [2012] FMCAfam 624](https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/FMCAfam/2012/624.html) (prejudice and discretion), and [Griffin and Griffin [2009] FamCA 110](https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/FamCA/2009/110.html) (prejudice and explanation for delay). Federal Circuit and Family Court of Australia (Family Law) Rules 2021 - Rule 4.01 and Schedule 1 (compulsory dispute resolution), Rule 6.01 and Schedule 1 (early duty of disclosure), Rule 6.06(5)(a) (mandated Financial Statement), Rule 6.06(5)(b) (mandated Financial Questionnaire), Rule 6.02 (undertaking as to disclosure), Rule 2.01 (electronic signatures), and Rule 2.35 (personal service rules).
* 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 Spouse and De Facto Maintenance 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.
Complete intake, verify relationship track, and set statutory deadlines.
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.
Attempt negotiation and exchange primary financial documentation.
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.
Assess response or proceed to drafting litigation package.
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.