Legal Project Management Plan & Checklist
Purpose of this Guide: Use this fork when the adult child maintenance application is brought under the disability limb of Section 66L, where support is necessary because of a mental or physical disability of the child. This guide covers medical evidence compilation, supported work capacity assessments, NDIS funding, and special needs budget calculations.
Jurisdiction: Federal Circuit and Family Court of Australia (FCFCOA), national registry. This is a fork of the main parent plan and applies to all special needs and disability support pathways.
Verify the child's physical or mental disability under s 66L.
The Process at a Glance: The practitioner secures specialist medical reports detailing diagnosis, prognosis, and impact on employment. The practitioner evaluates NDIS funding packages and Disability Support Pensions. The practitioner models specialized budgets for therapy, equipment, and carer support. Evidence is compiled, exhibited to the trial affidavit, and filed via the portal.
Key Legislation and Case Law: Governing law includes Section 66L(2)(b) of the Family Law Act 1975 (Cth). Capacity for supported employment is assessed under the principles of FM and FM (1997) FLC 92-738, and late-onset disabilities are covered under Re AM (Adult Child Maintenance) (2006) FLC 93-262. Income-tested pensions are disregarded under Section 66K. eFiling is executed via the Commonwealth Courts Portal.
* 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 Adult Child Maintenance (Applicant) - Disability Limb (Special Needs 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.
FM v FM Principle: FM and FM (1997) FLC 92-738 determined that the presence of a severe disability (e.g., cerebral palsy) does not automatically satisfy Section 66L if the child is capable of some supported employment. Medical expert evidence must address the child's specific incapacity to sustain employment rather than just the medical diagnosis.
Age Limit: Re AM (Adult Child Maintenance) (2006) FLC 93-262 confirmed that there is no age-based limit for adult child maintenance and that a disability arising after the child turns 18 remains eligible.
Model the special needs budget deficit.
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.
Compile expert medical proof for the trial.
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.
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