Legal Project Management Plan & Checklist
Purpose of this Guide: Use this guide when representing an applicant in active litigation before the Family Court of Western Australia to preserve matrimonial or de facto property from dissipation. This plan guides practitioners through obtaining interim preservation, detention, or injunction orders under Part 14, Rule 227 of the Family Court Rules 2021 (WA) before a final property settlement is determined. Verify current guidelines on the official WA Legislation.
Jurisdiction: . Interlocutory orders for the preservation of property are governed by Rule 227 of the Family Court Rules 2021 (WA), applying to both married and de facto couples. Verify current guidelines on the official .
The Process at a Glance: The practitioner assesses the risk of asset dissipation and standing. The practitioner drafts a Form 2 Application in a Case, supporting Case Information Affidavit, and a Draft Minute of Orders. The package is lodged on the WA eCourts Portal, served on the respondent and relevant third parties (e.g. banks), and argued at an urgent interlocutory hearing. Following the hearing, the sealed preservation orders are served on custodians, and asset compliance is monitored through to the final determination of the property settlement. Verify current guidelines on the official WA Legislation. Access services via the WA Courts.
Key Legislation and Case Law: Procedural rules are set out in Rule 227 of the Family Court Rules 2021 (WA) which grants the court powers for the inspection, detention, preservation, or valuation of property. Substantive injunction powers are exercised under Section 205ZG of the Family Court Act 1997 (WA) for de facto partners and Section 114 of the Family Law Act 1975 (Cth) for married spouses. Key case law includes In the Marriage of Sieling (1979) 4 Fam LR 713 establishing the court authority to preserve assets in active property pools.
* 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: Financial Enforcement (Applicant) - Western Australia - Interim Property Preservation - Rule 227 Pathway 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.
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.