Legal Project Management Plan & Checklist
Purpose of this Guide: Use this fork when the family provision claim has not settled at mandatory mediation and the matter is proceeding to a contested hearing in the Supreme Court of Victoria. This track covers the post-mediation litigation process including discovery, further evidence, trial preparation, briefing counsel, and the hearing itself.
Jurisdiction: Supreme Court of Victoria, Common Law Division.
The Process at a Glance: Obtain post-mediation directions from the Court for discovery and further evidence. Conduct discovery of the estate's documents. File any further affidavit evidence in reply. Brief counsel (consider Senior Counsel for complex estates or competing claims). Prepare the trial bundle. Attend the hearing and present the applicant's case applying the Singer v Berghouse two-stage test. Obtain final orders and arrange for enforcement.
Key Legislation and Case Law: Supreme Court (General Civil Procedure) Rules 2015 (Vic) govern discovery and trial procedure. Practice Note SC CL 7 continues to apply. Singer v Berghouse (1994) 181 CLR 201 - two-stage test applied at trial. Vigolo v Bostin (2005) 221 CLR 191 - moral duty of wise and just testator. Civil Procedure Act 2010 (Vic) s 24 - proportionality principle applies to all steps.
* 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 Victorian Family Provision Application (Applicant) - Part IV APA 1958 - Contested Hearing Track (Discovery to Trial) 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 TRUSTS_ESTATES cases, outlining the standard DISPUTE_LITIGATION process. Utilize these tracking templates to manage your legal cases efficiently.
Complete discovery, file any further affidavit evidence in reply, and close the evidence in preparation for trial.
Brief counsel, compile the trial bundle, prepare the outline of submissions, and ensure the matter is fully prepared for hearing.
Present the applicant's case at the hearing, obtain final orders, and arrange for implementation of the provision order.
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