Legal Project Management Plan & Checklist
Purpose of this Guide: Use this plan when a client who was in a de facto relationship in Western Australia has separated from their partner and wants to formally resolve how their shared property, assets, and superannuation are divided. This is the standard contested pathway for an applicant seeking property alteration orders, maintenance, and superannuation splitting through the Family Court of Western Australia. Open this plan from the first client interview through to sealed orders and file closure. Verify current guidelines on the official WA Legislation.
Jurisdiction: Family Court of Western Australia - General Division. Property and maintenance claims are governed by the Family Court Act 1997 (WA), while de facto superannuation splitting is governed by Part VIIIC of the Family Law Act 1975 (Cth) under a limited referral of power. Forks cover: the out-of-time application (hardship leave required), the simplified PPP500 track (property pool under $500,000), and the bankruptcy joinder track.
Use this fork when the standard 2-year limitation period under s 205ZB(1) of the Family Court Act 1997 (WA) has already expired and the client still wishes to pursue a de facto property settlement. The applicant must first obtain leave of the court to file out of time by proving that hardship would result if leave is refused. This is a high-risk interlocutory step that must be resolved before any property disclosure is ordered and before substantive property proceedings can commence. Verify current guidelines on the official WA Legislation. Access services via the WA Courts.
Use this fork when the de facto property matter qualifies for the Priority Property Pool under $500,000 (PPP500) simplified track. This track applies where the total net property pool (excluding superannuation) is $500,000 or less, there are no complex corporate or trust entities involved, and no parenting orders are sought concurrently. The PPP500 track uses a simplified document package and a faster court pathway designed for straightforward cases. Verify current guidelines on the official WA Legislation. Access services via the WA Courts.
Use this fork when one of the de facto partners is bankrupt (or becomes bankrupt during proceedings) and the bankruptcy trustee must be joined as a party to the property settlement proceedings. The Family Court of Western Australia holds concurrent federal bankruptcy jurisdiction under s 36 of the Family Court Act 1997 (WA) and the Bankruptcy Act 1966 (Cth), permitting the simultaneous determination of bankruptcy and property adjustment matters in a single court. This eliminates the need for separate proceedings in the Federal Court.
The Process at a Glance: Conduct conflict check, execute retainer, and calculate the 2-year limitation deadline from separation. Establish the de facto relationship exists and that at least one jurisdictional gateway is met (2-year duration, child under 18, or substantial contributions). Comply with pre-action procedures - attempt Family Dispute Resolution or claim an exemption, then exchange a formal Notice of Intention with a genuine settlement offer. Collect and exchange mandatory pre-filing financial disclosure including tax returns, superannuation statements, business accounts, and property valuations. Draft and execute the complete court document package - Form 1, Form 13, Supporting Affidavit, Affidavit of Jurisdiction, and Form NP15. Serve the superannuation trustee with 28 days notice before filing consent orders. Lodge electronically via the eCourts Portal of WA, download sealed documents, and arrange special service on the respondent. Attend court events through to final orders, serve sealed superannuation orders on the trustee, and complete physical archiving before closing the file. Verify current guidelines on the official WA Legislation. Access services via the WA Courts.
Key Legislation and Case Law: Part 5A of the Family Court Act 1997 (WA) - s 205Z(1) (jurisdictional gateways: 2-year duration, child, substantial contributions), s 205ZA(1) (declaration of existing interests), s 205ZB(1) (2-year limitation period from separation), s 205ZB(2) (hardship leave to file out of time), s 205ZD (maintenance), s 205ZG (property alteration orders), s 205ZG(4) (contribution factors: direct financial, indirect financial, non-financial, homemaker/parent), s 205ZO (binding financial agreements), s 205ZX (geographic connection). Family Law Act 1975 (Cth) - s 90YY (de facto superannuation splitting in WA). Interpretation Act 1984 (WA) - s 13A(2) (de facto relationship indicators). Family Court Rules 2021 (WA) - Rule 22 and Schedule 1 (pre-action procedures and exemptions), Rule 190 (duty of disclosure), Rule 223 (specific written questions after conciliation). Practice Direction 6 of 2025 - FDR certificate valid only if DR occurred within 12 months before filing; Form NP15 witnessing requirements. Key cases: [Kennon v Kennon [1997] FamCA 27](https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/FamCA/1997/27.html) - special contribution methodology; Mallet v Mallet (1984) 156 CLR 605 - nature of discretion; hardship threshold for out-of-time leave requires proof of substantial detriment and a meritorious claim with real prospects leaving the applicant materially better off after costs.
* 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: De Facto Property Settlement (Applicant) - Western Australia 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.
The s 205ZX geographic connection test requires proof of both (a) current WA residence on the filing date and (b) the one-third connection or substantial WA contributions. If the WA Residence Ratio is under one-third, the applicant must demonstrate substantial contributions made specifically within Western Australia. Failure to satisfy the geographic gateway is a jurisdictional bar, not a discretionary factor.
Mallet v Mallet (1984) 156 CLR 605 remains the foundational authority on the discretionary nature of property alteration orders, establishing that the court's power is a broad discretion guided by all relevant factors.
The hardship threshold for out-of-time applications under s 205ZB(2) requires proof that: (a) the applicant will suffer a substantial detriment if leave is refused; (b) the claim has real prospects of success; and (c) after deducting litigation costs, the applicant would be materially better off. Courts have held that the mere loss of the right to litigate, without more, does not establish hardship. Trifling claims will not satisfy the merit test. Hardship must be determined before broad financial disclosure is ordered.
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.
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.