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: Supreme Court of Victoria, Common Law Division.
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.
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.
Draft the Originating Motion with specific dependency particularisation and the affidavit with a dedicated dependency evidence section.
File the Tier 3 application with all dependency evidence and proceed to directions or mediation.
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