Legal Project Management Plan & Checklist
Purpose of this Guide: Use this plan when your client is purchasing real property in New South Wales as part of a family law property settlement. It covers the dual conveyancing and family law workflows required to secure the property, verify the client's eligibility for stamp duty exemptions, and manage the complex legal transition from joint to sole ownership. Open this file at the start of client engagement to coordinate the exchange of contracts, pre-action procedures, consent order drafting, and settlement.
Jurisdiction: New South Wales. Real property transfers are executed digitally through PEXA and registered with NSW Land Registry Services. Family law property settlements are filed administratively via the Commonwealth Courts Portal in the Federal Circuit and Family Court of Australia.
The Process at a Glance: The matter begins with client onboarding, conflict checks, and ARNECC identity verification. The solicitor reviews the draft contract, zoning certificates, and sewage diagrams, and conducts pre-action financial disclosures. Next, the parties draft and file the FCFCOA Application for Consent Orders. Once the court seals the orders, the solicitor applies for a Section 68 Duties Act transfer duty exemption through the Revenue NSW EDR portal. The solicitor opens a PEXA workspace, orders a current Section 47 land tax clearance certificate, and prepares settlement adjustments. Finally, a cybersecurity banking audit is completed before settling the workspace, registering the transfer, and archiving the file.
Key Legislation and Case Law: Conveyancing Act 1919 (NSW) - s 54A (writing requirements), s 52A (vendor disclosure), s 66S/66W (cooling-off rights), s 38A (electronic execution). Duties Act 1997 (NSW) - s 8 (transfer duty), s 12 (liability date), s 68 (matrimonial exemption), Chapter 2A (surcharge purchaser duty). Land Tax Management Act 1956 (NSW) - s 47 (land tax charge and certificate). Family Law Act 1975 (Cth) - s 79 (married property adjustment), s 90SM (de facto property adjustment), s 90SB (de facto gateway), s 90XZ (super splitting), s 44 (limitation periods and s 44(4) hardship leave). Federal Circuit and Family Court of Australia (Family Law) Rules 2021 - Schedule 1 (pre-action procedures), Rule 6.06 (full and frank disclosure). Key cases: Griffin v Turner (No 2) - hardship leave test; Thorne v Kennedy [2017] HCA 49 - unconscionable conduct in financial agreements; Rice v Asplund (1979) FLC 90-725 - material change of 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 NSW Property Purchase and Family Law Asset Division 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 Property Law cases, outlining the standard Transaction and Settlement process. Utilize these tracking templates to manage your legal cases efficiently.
Got a question about this plan?
Ask in the practitioner Discord - edge cases, rule changes, and jurisdiction-specific nuances, all in one place.