Legal Project Management Plan & Checklist
Purpose of this Guide: Use this plan when separating or separated parties have already reached a full agreement on how to divide their property and/or arrange for the care of their children, and they want that agreement made into legally binding court orders without going to court. Consent orders carry exactly the same force as orders made by a judge after a contested hearing, but because both parties agree, the process is administrative - a Registrar reviews the paperwork in chambers without either party attending. Open this plan at the first meeting once both parties have agreed in principle and you need to reduce that agreement to a formal court document. Verify current guidelines on the official Australia Government Portal. Access services via the Federal Register of Legislation.
Jurisdiction: Federal Circuit and Family Court of Australia (FCFCOA), via the Commonwealth Courts Portal. Applications are assessed by a Registrar in chambers and do not require a court appearance. Forks cover three specialist scenarios: the de facto gateway and WA residency check, combined property and parenting orders (the most common joint application), and out-of-time applications requiring leave under s 44. Verify current guidelines on the official .
Use this fork when the statutory limitation period for property proceedings has already expired and the other party will not consent to filing out of time. This is a high-risk situation requiring an application to the court for leave to file out of time before the substantive consent orders application can proceed. The leave application is itself contested or requires judicial assessment, which means the matter is no longer purely administrative. Open this fork as soon as you discover the limitation period has expired and mutual written consent cannot be obtained. Verify current guidelines on the official Australia Government Portal. Access services via the Federal Register of Legislation.
Use this fork when the parties were in a de facto relationship (not married) and you need to confirm that the court has jurisdiction to make property orders before filing. Because de facto property law is not automatic - the court must be satisfied the relationship meets certain qualifying criteria - failing to check these gateways before filing can result in the application being dismissed for lack of jurisdiction. Open this fork at the initial client intake meeting for any de facto couple seeking property orders. Verify current guidelines on the official Australia Government Portal. Access services via the Federal Register of Legislation.
Use this fork when the parties have agreed on both property division and parenting arrangements and want to formalise both in a single Application for Consent Orders. Combining property and parenting orders in one application is the most efficient approach and avoids the cost and delay of two separate processes. However, it requires satisfying the procedural requirements for both streams simultaneously, including the Notice of Child Abuse, Family Violence or Risk, the Annexure to Proposed Consent Parenting Orders, and the parenting-specific disclosure categories. Open this fork at intake when the client's brief covers both property and children matters. Verify current guidelines on the official Australia Government Portal. Access services via the Federal Register of Legislation.
The Process at a Glance: Confirm the relationship type, separation date, and relevant filing deadline (12 months from divorce absolute for married couples, 2 years from separation for de facto couples). Conduct a full Rule 6.01 financial disclosure exchange between parties. If superannuation is being split, serve draft splitting orders on each fund trustee and wait 28 days. Draft the Application for Consent Orders, the Proposed Orders, and (if parenting orders are sought) the Notice of Child Abuse, Family Violence or Risk and the Annexure to Proposed Consent Parenting Orders. Have both parties sign the Statement of Truth before an authorised witness. Upload the signed PDF and an identical unsigned Word document of the Proposed Orders to the Commonwealth Courts Portal within 90 days of the first signature. The Registrar assesses the application and either approves it or issues a requisition. Once sealed, serve the orders on all relevant parties and trustees. Verify current guidelines on the official Australia Government Portal. Access services via the Federal Register of Legislation.
Key Legislation and Case Law: Family Law Act 1975 (Cth) - s 79 (married property adjustment), s 72 and s 74 (spousal maintenance), s 90SM (de facto property adjustment), s 90SF and s 90SG (partner maintenance), s 64B and s 60CA (parenting orders - best interests paramount), s 60CC(2) (seven general best interests considerations, amended 6 May 2024), s 90XT (superannuation splitting), Part VIIIB and Part VIIIAB (superannuation regimes), s 79A and s 90SN (grounds to set aside sealed orders), s 65DAAA (codified Rice and Asplund - significant change of circumstances required), s 90SB and s 90SK (de facto gateway and residency), s 44(3) and s 44(5) (limitation periods), s 44(4) and s 44(6) (leave of court out of time). FCFCOA Rules 2021 - Rule 6.01 (full and frank disclosure), Rule 10.06 (28-day trustee notice), Rule 10.08 (90-day lodgment clock). Family Law (Superannuation) Regulations 2025. FCFCOA forms. Commonwealth Courts Portal. Key cases: Edmunds v Edmunds - hardship leave to file out of time; Griffin v Turner (No 2) - hardship threshold; Rice v Asplund (1979) FLC 90-725 - significant change of circumstances for parenting variation, codified in s 65DAAA from 6 May 2024.
* 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 Consent Orders - Property and Parenting (Administrative) 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 Administrative Filing 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.
Professional conduct rules prohibit acting for both parties in contentious matters. An administrative consent orders application is collaborative by nature, but the solicitor must still assess whether acting for both is appropriate under the relevant state professional conduct rules.
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.
De facto gateway: s 90SB Family Law Act 1975 (Cth). Residency requirements: s 90SK. WA carve-out: s 90RC (de facto property provisions apply to participating jurisdictions only; WA has not referred this power). Jonah v White [2011] FamCAFC 100 - factors for determining de facto relationship are non-exhaustive. Moby v Schulter [2010] FamCA 748 - sexual relationship is not required.
Draft and dispatch formal correspondence addressing the procedural requirements at this stage, including any required notices, requests for information, or proposals for resolution.
Limitation periods: s 44(3) (married property/maintenance - 12 months from divorce absolute), s 44(5) (de facto - 2 years from separation). Leave: s 44(4) (married) and s 44(6) (de facto). Hardship test: Edmunds v Edmunds and Griffin v Turner (No 2) - applicant must show prima facie case with real probability of success; hardship is a substantial detriment, more than trifling loss.
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.
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.
Parenting order drafting: s 60CA (best interests paramount), s 60CC(2) (seven general considerations, no hierarchy from 6 May 2024), s 61C (each parent has parental responsibility unless ordered otherwise). Equal shared parental responsibility presumption under former s 61DA and mandatory equal/substantial time considerations under former s 65DAA are ABOLISHED from 6 May 2024. Rice v Asplund (1979) FLC 90-725 now codified in s 65DAAA - once consent parenting orders are sealed, variation requires a significant change in circumstances and it must be in the best interests of the child to reconsider.
Draft and dispatch formal correspondence addressing the procedural requirements at this stage, including any required notices, requests for information, or proposals for resolution.