Legal Project Management Plan & Checklist
Purpose of this Guide: Use this plan when your client is the applicant seeking parenting orders in the Federal Circuit and Family Court of Australia. Open it when pre-action dispute resolution has been completed or exempted and you are ready to file, whether the matter involves interim orders only or is heading toward a contested final hearing with a Family Report.
Jurisdiction: Federal Circuit and Family Court of Australia (FCFCOA), applying the Family Law Act 1975 (Cth) and the Federal Circuit and Family Court of Australia (Family Law) Rules 2021, under the FAM-PARENTING Practice Direction. The court operates nationally; the plan is configured for Queensland registries. Three forks exist: Consent Orders (on-the-papers pathway), Grandparent or Third-Party Application (requiring section 65C standing), and Urgent Recovery Order (AFP-coordinated child recovery).
The Process at a Glance: The matter begins with pre-action compliance - confirming a section 60I Family Dispute Resolution certificate or establishing a formal exemption, then drafting the Genuine Steps Certificate, Initiating Application, originating Affidavit addressing section 60CC best interests criteria, Notice of Child Abuse, Family Violence or Risk, Parenting Questionnaire, and Undertaking as to Disclosure. The documents are e-filed via the Commonwealth Courts Portal and the client completes the confidential Lighthouse Project risk screen. A process server personally serves the respondent under Rule 2.27. At the First Court Event before a Judicial Registrar, the matter is triaged and case management directions are given. If interim orders are contested, the matter proceeds to an Interim Hearing before a Judge where oral submissions address the section 60CC factors. The court may order a section 62G Family Report and appoint an Independent Children's Lawyer. Evidence is finalised before the Compliance and Readiness Hearing, and the matter concludes at a Final Hearing with cross-examination of the respondent, Family Consultant, and witnesses.
Use this fork when both parties have reached full agreement on parenting arrangements and want to formalise that agreement into sealed, legally binding Consent Orders without a court hearing. This on-the-papers pathway is suitable where there are no unresolved safety concerns, both parties have received legal advice, and the proposed orders clearly serve the children's best interests.
Use this fork when your client is a grandparent, step-parent, or other person who is not a biological parent seeking parenting orders in the Federal Circuit and Family Court of Australia. This plan covers the additional standing requirements and the heightened evidentiary burden that non-parent applicants must meet.
Use this fork when a child has been removed or retained by the other party in breach of existing parenting orders or arrangements, or where there is an immediate risk of the child being taken interstate or overseas. This plan covers the compressed ex parte application for a Recovery Order, including coordination with the Australian Federal Police for physical recovery of the child.
Key Legislation and Case Law: Family Law Act 1975 (Cth) - s 60CC (best interests of the child - primary and additional considerations), s 60I (mandatory Family Dispute Resolution and certificate requirements), s 60I(9) (exemptions from pre-action procedures including family violence and child abuse), s 61DA (presumption of equal shared parental responsibility), s 62G (Family Report ordered by court), s 65C (standing to apply for parenting orders), s 67Z (mandatory reporting obligations triggered by Notice of Risk). Federal Circuit and Family Court of Australia (Family Law) Rules 2021 - Rule 2.27 (personal service on respondent), Rule 4.01 (pre-action procedure requirements and exemptions). FAM-PARENTING Practice Direction governs the national case management pathway including the First Court Event, Interim Hearing, Child Dispute Conference, Compliance and Readiness Hearing, and Final Hearing. Lighthouse Project (Family DOORS Triage) risk screening determines Evatt List allocation for high-risk matters.
* 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 Orders (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.
| Field | Token | Type | Required | Defined in |
|---|---|---|---|---|
| Matter(4) | ||||
| Matter numberⓘ | matter.matterNumber | text | Required | inheritedmatter-core |
| Matter title | matter.title | text | - | inheritedmatter-core |
| Matter typeⓘ | matter.matterType | text | - | inheritedmatter-core |
| Matter status | matter.status | text | - | inheritedmatter-core |
| Client(1) | ||||
| Client name | matter.clientName | text | Required | inheritedmatter-core |
Exhaust pre-action dispute resolution (Section 60I) or establish formal exemptions under Rule 4.01(2) and draft all originating documents to the highest evidentiary standard.
Got a question about this plan?
Ask in the practitioner Discord - edge cases, rule changes, and jurisdiction-specific nuances, all in one place.
File documents via the Commonwealth Courts Portal, complete the Lighthouse Risk Screen, effect service on the Respondent, and attend the FCE for procedural directions.
Attend the Interim Hearing to secure necessary interim arrangements, and participate in court-ordered Child Dispute Conferences or external FDR.
Issue subpoenas, finalize all expert reports (including the Family Report), and file final trial affidavits in strict compliance with the CRH deadline.
Prepare the Joint Trial Bundle, draft Case Outlines and Chronology, conduct the Final Hearing, and secure Final Parenting Orders.