Legal Project Management Plan & Checklist
Purpose of this Guide: Use this fork when the adult child is ex-nuptial or the parents were in a de facto relationship, invoking the Western Australian state jurisdiction for maintenance support. This guide covers geographical connections, relationship status gateways, and concurrent de facto partner maintenance claims. Verify current guidelines on the official WA Legislation. Access services via the WA Courts.
Jurisdiction: Family Court of Western Australia, exercising state jurisdiction under Part 5 Division 7 of the Family Court Act 1997 (WA). Verify current guidelines on the official .
Verify that parentage is admitted or established under state law.
The Process at a Glance: Obtain and verify ex-nuptial birth records. Assess the Section 205X residency and geographical connection gateways. Verify the 2-year relationship duration gateway or child exceptions. Assess de facto partner maintenance limitation periods (2 years post-separation). Prepare Form 1 seeking state-based orders under Section 123, and lodge via the eCourts Portal WA. Verify current guidelines on the official WA Legislation. Access services via the WA Courts.
Key Legislation and Case Law: Governing law includes Section 123 and Section 205ZC of the Family Court Act 1997 (WA). Geographical connections are regulated under Section 205X. De facto relationships are assessed using Section 13A of the Interpretation Act 1984 (WA). Key cases include L and C (2018) FCWA 23, regarding cohabitation aggregation, and Harriott and Arena (2018) FamCAFC 69, regarding contribution assessments. Filing is executed via the eCourts Portal WA. Verify current guidelines on the official WA Legislation.
* 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 Family Law: Adult Child Maintenance (Applicant) - Western Australia - De Facto / Ex-Nuptial Parents (WA Jurisdiction) 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 Litigation process. Utilize these tracking templates to manage your legal cases efficiently.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
Establish that the relationship falls within the WA state jurisdiction.
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 and dispatch formal correspondence addressing the procedural requirements at this stage, including any required notices, requests for information, or proposals for resolution.
WA Case Law: L and C [2018] FCWA 23 confirms that cohabitation periods can be aggregated to meet the 2-year gateway. Harriott & Arena [2018] FamCAFC 69 establishes the contribution tests.
Coordinate the collection and review of all financial documentation required for disclosure, including statements, valuations, and supporting schedules as mandated by the rules.
File the initiating application under the Family Court Act 1997 (WA).
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.
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.