Legal Project Management Plan & Checklist
Complete workflow checklist for de facto property settlements in Western Australia. Covers Form 1 applications, asset disclosure, and s.205ZG factor analysis.
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.
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.
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.
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.
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.
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 De Facto Property Settlement (Applicant) - Western Australia matter plan to improve the playbook. THIS IS NOT LEGAL ADVICE, it's a request for input.
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