Legal Project Management Plan & Checklist
Purpose of this Guide: Use this fork when the adult child's parents were married, invoking the Commonwealth family law jurisdiction for maintenance support. This guide covers specific marriage gateways, Section 66L Family Law Act 1975 (Cth) argument structures, and concurrent spousal maintenance claims. Verify current guidelines on the official WA Legislation.
Jurisdiction: Family Court of Western Australia, exercising federal jurisdiction under Part VII Division 7 of the .
Establish standing under the federal jurisdiction.
The Process at a Glance: Obtain and verify the marriage certificate or divorce order. Assess spousal maintenance limitation periods (12 months from divorce). Formulate legal arguments under Section 66L. Draft and lodge the Form 1 Initiating Application and Form 13 Financial Statement under the Commonwealth gateway, and serve the respondent. Verify current guidelines on the official WA Legislation. Access services via the WA Courts.
Key Legislation and Case Law: Governing law includes Section 66L of the Family Law Act 1975 (Cth). Spousal maintenance operates under Section 72 and Section 74. Key cases include In the Marriage of H (1981) 6 Fam LR 770 and In the Marriage of Wade (1993) 115 FLR 15, defining the capability and necessity tests for adult students. 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 - Married Parents (Cth 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.
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.
Build the statutory arguments for adult maintenance under the Family Law Act 1975.
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.
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.
Cth Authorities: In the Marriage of H [1981] FamCA 63 discusses the definition of education under s 66L. In the Marriage of Wade [1993] FamCA 78 establishes the reasonableness test for university studies.
File the initiating application to invoke federal jurisdiction.
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.
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.