Legal Project Management Plan & Checklist
Purpose of this Guide: Use this plan when representing a de facto applicant in the Family Court of Western Australia (FCWA) to locate a missing child. This plan guide covers obtaining location orders, State information orders, and recovery orders under the state-based Family Court Act 1997 (WA), and Commonwealth Information Orders under the federal Family Law Act 1975 (Cth).
Jurisdiction: Family Court of Western Australia (FCWA) exercising non-federal jurisdiction over de facto relationships under Part 5, Subdivision 3 of the Family Court Act 1997 (WA).
The Process at a Glance: Conduct intake, verify de facto residency and relationship duration gateways. Draft the Initiating Application, Case Information Affidavit, and Notice of Risk under state rules. File FDR Exemption Form claiming urgency or family violence risk under FCA s 66H(7). Lodge the ex parte application on the WA eCourts Portal. Serve Services Australia at least seven days before the hearing. Attend the ex parte hearing to obtain location and recovery orders. Retrieve address details via the registry under a confidentiality undertaking, instruct a process server for confidential service, and coordinate with WA Police to execute recovery.
Key Legislation and Case Law: Family Court Act 1997 (WA): s 143 (definitions), s 144 (standing), s 145 (best interests), s 146 (location orders), s 147 (State information orders), s 149 (recovery orders), s 111 (presence/residency), s 205Z (de facto gateway), s 205ZB (limitation and hardship), s 66H (FDR). Family Law Act 1975 (Cth): s 67N (Commonwealth Information Orders).
* 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 Location and Commonwealth Information Orders (Applicant) - Western Australia - De Facto Relationship (FCA 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 DISPUTE_LITIGATION process. Utilize these tracking templates to manage your legal cases efficiently.
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