Legal Project Management Plan & Checklist
Purpose of this Guide: Use this plan when parents or eligible non-parent carers wish to enter into a private agreement to manage child support payments without the high expense of mandatory independent legal certificates. A Limited Child Support Agreement allows parties to define their own child support rates and non-periodic expenses, such as private school tuition or medical fees. Open this plan at intake when a client wants to formalise a flexible, private child support arrangement and has an active administrative assessment in place. Verify current guidelines on the official Australia Government Portal. Access services via the Federal Register of Legislation.
Jurisdiction: Federal: governed by the Child Support (Assessment) Act 1989 (Cth) and administered by Services Australia. This plan family contains two forks: one for administrative objections and tribunal reviews through the Administrative Review Tribunal (ART), and another for court litigation in the (FCFCOA) to set aside or enforce an agreement.
Use this plan when Services Australia refuses to register a Limited Child Support Agreement (LCSA), makes an incorrect care percentage determination, or issues an administrative decision that the client disputes. This plan routes the matter through the mandatory administrative appeals process, beginning with an internal objection, moving to the Administrative Review Tribunal (ART), and ending with a court appeal on a question of law. Open this plan immediately when a decision notice is received from Services Australia.
Use this plan when a client needs to initiate court proceedings in the Federal Circuit and Family Court of Australia (FCFCOA) to set aside an LCSA under section 136 of the Assessment Act, or seek child maintenance orders under the Family Law Act 1975 (Cth) when they are ineligible for administrative assessment. Open this plan at triage when pre-action discussions have failed and a court application is required.
The Process at a Glance: Conduct a conflict check and obtain financial disclosure from both parties. Verify that a formula-based child support assessment is active and that the agreed annual payment rate equals or exceeds this assessed rate. Check that the receiving parent meets the shared care threshold of at least thirty-five percent care. Draft the custom contract, annex it to the official registration form, and ensure both parents sign the documents. Submit the application to Services Australia and monitor the registration. Conduct a final review of the subsequent Notional Assessment and advise the payee on how it affects their family tax benefits. 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 80E (requirements for limited child support agreements), s 80G (termination of agreements), s 86 (eligible carer care percentage), s 118 (non-periodic payments), and s 136 (court orders to set aside agreements). Registration processes are managed under the Child Support (Registration and Collection) Act 1988 (Cth). Key case law regarding agreements and set-aside applications includes [Cheyne & Masters & Anor [2014] FCCA 1684](https://www.fcfcoa.gov.au/fl/forms) (reversal of care as exceptional circumstances) and [Lincoln v Lincoln [2013] FCCA 285](https://www.fcfcoa.gov.au/fl/forms) (involuntary liquidation as exceptional circumstances). Rules of court are governed by the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).
* 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 Limited Child Support Agreement (LCSA) 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 Transactional Drafting 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.
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 80E(1) Child Support (Assessment) Act 1989 (Cth). An LCSA is legally invalid unless a formula-based child support assessment is in force on the day the application for acceptance is made.
Coordinate the collection and review of all financial documentation required for disclosure, including statements, valuations, and supporting schedules as mandated by the rules.
Statutory basis: Section 86 and Section 80G(1B) Child Support (Assessment) Act 1989 (Cth). The care gateway requires at least 35% care. Below this, the payee is not an eligible carer and cannot receive child support under an agreement.
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.
Statutory basis: Section 80E(1)(c) Child Support (Assessment) Act 1989 (Cth). The annual rate of child support payable under the proposed agreement must equal or exceed the annual rate of child support payable under the active administrative assessment.
Assess the strategic considerations for interim applications, prepare supporting evidence, and draft the necessary documentation for urgent or time-sensitive relief sought.
Statutory basis: Section 80E and Section 80G Child Support (Assessment) Act 1989 (Cth).
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: Section 118 and Section 124 Child Support (Assessment) Act 1989 (Cth). Non-periodic payments must be explicitly drafted to show if they reduce the periodic liability, otherwise they are considered non-creditable gifts.
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: Section 5A Child Support (Assessment) Act 1989 (Cth).