Legal Project Management Plan & Checklist
Purpose of this Guide: 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.
Jurisdiction: Federal Circuit and Family Court of Australia (FCFCOA). The de facto property jurisdiction is established under Part VIIIAB of the Family Law Act 1975 (Cth). Western Australia has not referred its de facto property powers to the Commonwealth, so WA de facto couples must apply under the Family Court Act 1997 (WA) in the Family Court of Western Australia instead.
The Process at a Glance: Confirm the parties were in a de facto relationship within the definition in s 4AA of the Family Law Act (not legally married, not related by family, lived together as a genuine couple). Check that at least one of the four s 90SB gateway thresholds is satisfied (relationship of 2 or more years, registered relationship, child of the relationship, or substantial contributions where failure to order would cause serious injustice). Verify the residency requirements under s 90SK (at least one party ordinarily resident in a participating jurisdiction when the application is made, plus either both parties resided in a participating jurisdiction for at least one-third of the relationship, or the applicant made substantial contributions in a participating jurisdiction). If WA residency applies to a de facto couple, redirect to state jurisdiction immediately.
Key Legislation and Case Law: Family Law Act 1975 (Cth) s 4AA (definition of de facto relationship), s 90RB (child of de facto relationship), s 90SB (gateway thresholds), s 90SK (geographical requirements), s 90RC (participating jurisdictions - excludes WA for de facto property), Part VIIIAB (de facto property and maintenance). Family Court Act 1997 (WA) for WA de facto couples. The two-year duration is calculated on the total duration of the relationship, not a continuous unbroken period: the court may aggregate periods of cohabitation. ***Jonah v White [2011] FamCAFC 100*** - factors for determining de facto relationship are non-exhaustive and no single factor is determinative. ***Moby v Schulter [2010] FamCA 748*** - a sexual relationship is not required. ***Piper v Mueller [2011] FamCAFC 75*** - substantial contributions gateway.
* 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) - De Facto Relationship - Gateway and WA Residency Assessment 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.
s 4AA Family Law Act 1975 (Cth). The factors are non-exhaustive and no single factor is determinative: Jonah v White [2011] FamCAFC 100. A sexual relationship is not required: Moby v Schulter [2010] FamCA 748.
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.
s 90SB Family Law Act 1975 (Cth). Serious injustice in Gateway 4 does not require proof of extreme hardship; a significant imbalance in contributions is sufficient: Piper v Mueller [2011] FamCAFC 75.
Draft and dispatch formal correspondence addressing the procedural requirements at this stage, including any required notices, requests for information, or proposals for resolution.
s 90RC (participating jurisdictions - excludes WA for de facto property), s 90SK (geographical requirements). Family Court Act 1997 (WA) for WA de facto property. This carve-out does not affect parenting orders, which remain under Part VII FLA for all states.
Coordinate the collection and review of all financial documentation required for disclosure, including statements, valuations, and supporting schedules as mandated by the rules.