Legal Project Management Plan & Checklist
Purpose of this Guide: Use this fork when the applicant falls within the Tier 3 category under s 90A of the Administration and Probate Act 1958 (Vic) - typically a grandchild, registered caring partner, or household member. These applicants face the strictest eligibility threshold: they must prove they were wholly or partly dependent on the deceased before they can even advance to the merits of their claim. Failing to prove dependency results in summary dismissal and adverse costs.
Jurisdiction: , Common Law Division. Verify current guidelines on the official .
The Process at a Glance: Identify the applicant's Tier 3 category. Gather comprehensive evidence of the dependency relationship - financial transfers, living arrangements, shared expenses, and the applicant's inability to support themselves independently. Complete the mandatory Dependency Evidence Matrix in the PMS. Draft the Form 5B Originating Motion with express dependency pleading. Draft the Form 43A affidavit with a dedicated dependency section addressing the threshold. File and proceed as per the parent plan. Verify current guidelines on the official Victorian Legislation. Access services via the Victorian Courts.
Key Legislation and Case Law: Administration and Probate Act 1958 (Vic) s 90A defines the Tier 3 eligible persons and the dependency threshold. The applicant must prove they were 'wholly or partly dependent' on the deceased. This is a jurisdictional gateway - without proving dependency, the Court has no power to hear the substantive claim.
* 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 - Tier 3 Dependency Threshold Claim 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.
Gather and assess all evidence of the applicant's dependency on the deceased, complete the mandatory Dependency Evidence Matrix, and determine whether the threshold can be met.
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 the Originating Motion with specific dependency particularisation and the affidavit with a dedicated dependency evidence section.
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.
s 90A Administration and Probate Act 1958 (Vic) - For Tier 3 applicants, the dependency threshold is a jurisdictional gateway. The Court must be satisfied that the applicant was 'wholly or partly dependent' on the deceased BEFORE it can consider the merits of the provision claim.
Failing to properly plead and evidence dependency is a critical trap that results in summary dismissal and adverse costs.
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.
File the Tier 3 application with all dependency evidence and proceed to directions or mediation.
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.
The dependency threshold is a question of fact. The Court must be satisfied on the balance of probabilities that the applicant was wholly or partly dependent on the deceased. If the threshold is not met, the application is dismissed without consideration of the merits.
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.