Legal Project Management Plan & Checklist
Purpose of this Guide: Use this plan when a client needs to file litigation in the Federal Circuit and Family Court of Australia (FCFCOA) to set aside an existing Binding Child Support Agreement (BCSA) under s 136, seek paternity declarations under s 106A/107, or seek leave to depart from historical assessments older than 18 months under s 111/112. Court proceedings are highly technical and carry serious adverse costs exposure. Open this plan when pre-action dispute resolution has failed and court filing is imminent. Verify current guidelines on the official Australia Government Portal.
Jurisdiction: Federal Circuit and Family Court of Australia (FCFCOA) (Division 2), applying the Child Support (Assessment) Act 1989 (Cth) and the Family Law Rules 2021 (Cth).
The Process at a Glance: Complete mandatory pre-action dispute resolution, including sending a formal Notice of Intention and making a compulsory Rule 4.11 offer to settle. Prepare and file the FCFCOA Initiating Application (Form 1), supporting Affidavit (Form 2) detailing the set-aside grounds (such as fraud, non-disclosure, duress, or exceptional circumstances causing hardship), Financial Statement (Form 4), and Genuine Steps Certificate (Form 14). Serve the documents on the respondent and the Child Support Registrar. Represent the client at the first directions hearing, engage in court-ordered mediation, exchange detailed financial documents, and prepare the matter for trial if a settlement is not reached. Verify current guidelines on the official Australia Government Portal. Access services via the Federal Register of Legislation.
Key Legislation and Case Law: Governed by the Child Support (Assessment) Act 1989 (Cth) - s 136 (set-aside grounds), s 106A/107 (paternity declarations), and s 111/112 (leave for historical assessments). Rules of court are governed by the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth), including Rule 4.01 (pre-action procedures), Rule 4.11 (compulsory settlement offers), and Rule 6.25 (immediate employment disclosure). Key case law includes [Cheyne & Masters & Anor [2014] FCCA 1684](https://www.fcfcoa.gov.au/fl/forms) (custody changes), [Lincoln v Lincoln [2013] FCCA 285](https://www.fcfcoa.gov.au/fl/forms) (insolvency), and [Martyn v Martyn [2020] FCCA 2136](https://www.fcfcoa.gov.au/fl/forms) (severe business disruption).
* 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 Binding Child Support Agreement (BCSA) - FCFCOA Court Proceedings - Litigation and Set-Aside 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.
Statutory basis: Rule 4.01 and Schedule 1 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth). Compliance with pre-action procedures is a mandatory condition precedent to filing, unless an exemption applies.
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.
Statutory basis: Rule 4.11. Stricter rules make offers to settle compulsory in financial and child support disputes. Unreasonable non-compliance carries severe cost consequences.
Draft and dispatch formal correspondence addressing the procedural requirements at this stage, including any required notices, requests for information, or proposals for resolution.
Statutory basis: Section 136 (Set-aside), Section 107 (Paternity), or Section 111/112 (Leave for Departure). Paternity applications must be brought within 56 days of the assessment notice. Leave is required for departure periods exceeding 18 months, with a maximum retrospective limit of 7 years.
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.
Statutory basis: Rule 2.25 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth). Service must be completed at least 28 days prior to the first hearing date.
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.