Legal Project Management Plan & Checklist
Purpose of this Guide: Use this plan when representing a de facto partner applying for partner maintenance in Western Australia. This guide is designed for legal practitioners to navigate the state-based jurisdiction of the Family Court of Western Australia. It helps the practitioner establish the existence of the relationship, satisfy the geographical gateways, and comply with the specific rules and forms of the Western Australian court system. Verify current guidelines on the official WA Legislation.
Jurisdiction: Family Court of Western Australia (FCWA), operating under the Family Court Act 1997 (WA). This plan applies to de facto relationships where the parties were ordinarily resident in Western Australia. It is a fork of the federal spouse and de facto maintenance plan. Verify current guidelines on the official WA Legislation.
The Process at a Glance: Complete the initial intake checklist, run conflict checks, and calculate the 2-year limitation deadline from separation. Establish the de facto relationship exists and that geographical gateways are met. Comply with pre-action procedures - attempt dispute resolution or claim an exemption (NP1 and Form 4), 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, and business accounts. Draft and execute the complete WA court document package - Form 1, Form 13, Supporting Affidavit, and Form NP15. Serve the superannuation trustee with 28 days notice before filing consent orders. Lodge electronically via the eCourts Portal WA, download sealed documents, and arrange special service on the respondent. Attend court events through to final orders, and complete file closure. 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) - Section 205ZC (right to maintenance), Section 205ZCA (power of court to make orders), Section 205ZD (statutory considerations), Section 205ZF (specifications in lump sum or property orders), and Section 205Z (de facto relationship gateways), Section 205ZX (geographical connection), Section 205ZB (limitation period and hardship leave). Key case law includes Jonah v White (2012) 48 Fam LR 454 (de facto relationship factors), In the Marriage of Clauson (1995) 18 Fam LR 689 (standard of living), [Edmunds v Edmunds [2019] FamCAFC 121](https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/FamCAFC/2019/121.html) (hardship test for leave out of time), and [Sharp v Sharp [2011] FamCAFC 128](https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/FamCAFC/2011/128.html) (exercise of discretion). Family Court Rules 2021 (WA) - Schedule 1 (pre-action procedures), Rule 203 (Harman implied undertaking), Rule 211 (Undertaking as to Disclosure).
* 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 Spouse and De Facto Maintenance Application (Applicant) - De Facto Relationship in Western Australia (FCWA) 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.
Confirm standing under the WA Family Court Act.
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.
Attempt negotiation and exchange initial disclosures.
Coordinate the collection and review of all financial documentation required for disclosure, including statements, valuations, and supporting schedules as mandated by the rules.
Assess response or proceed to drafting litigation package.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
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.
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.