Legal Project Management Plan & Checklist
Purpose of this Guide: 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.
Jurisdiction: Federal: governed by the Child Support (Assessment) Act 1989 (Cth) and the . Proceedings are conducted in the (FCFCOA).
The Process at a Glance: Assess statutory grounds for setting aside the agreement (such as fraud, undue influence, or exceptional circumstances). Check pre-action procedure exemptions. Draft the Initiating Application, detailed Affidavit, and Financial Statement. File and serve the documents. Attend the first directions hearing and participate in court-ordered mediation. If unresolved, compile the trial bundle and represent the client at the final hearing. Serve sealed court orders on Services Australia to update the assessment. 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 (orders to set aside agreements), s 117 (departure from assessment). Family Law Act 1975 (Cth) s 66E limits child maintenance if administrative assessment is available. Under rule 4.01(2)(c) of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth), child support proceedings are exempt from Schedule 1 pre-action procedures, though parties should still take genuine steps to resolve disputes before filing.
* 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) - 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: Section 136 Child Support (Assessment) Act 1989 (Cth) (grounds include fraud, undue influence, or exceptional circumstances since the agreement was made). Rule 4.01(2)(c) FCFCOA (Family Law) Rules 2021 (Cth) provides the pre-action procedure exemption.
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: Rule 6.06 FCFCOA (Family Law) Rules 2021 (Cth). A party must file a Financial Statement with any application seeking financial or child support orders.
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.