Legal Project Management Plan & Checklist
Purpose of this Guide: Use this plan when representing an applicant in family law proceedings to locate and recover a child who has been unilaterally removed or concealed by the other parent. This plan guides solicitors and paralegals through the steps required to obtain location orders, search databases of government departments via Commonwealth information orders, and recover the child using police search powers. It establishes a secure client-handling model to prevent accidental disclosure of safe locations to high-risk parties.
Jurisdiction: Federal Circuit and Family Court of Australia (FCFCOA), applying federal family law jurisdiction across all Australian states and territories except Western Australia. The plan covers cases for both married and de facto couples under federal legislation.
The Process at a Glance: Conduct a high-priority conflict check and intake interview to gather identification details and last-known data of the child and respondent. Confirm that the client has standing and is exempt from mandatory mediation due to urgency and flight risk. Draft the initiating court documents, supporting evidentiary affidavit, risk notice, and proposed order minutes. Execute and witness the affidavit package in accordance with local oaths legislation. Lodge the package via the Commonwealth Courts Portal and immediately serve a copy of the Commonwealth information order application on the relevant department secretaries. Attend the ex parte hearing to obtain the orders, receive located contact data securely through the court registry, instruct a process server under confidentiality, and coordinate the child's return with the Australian Federal Police. Attend the return hearing to transition the matter to standard parenting litigation.
Use this fork when representing an applicant in a matter where parenting proceedings are already active in the court registry. This plan guides the practitioner through drafting and filing the Application in a Proceeding (Form 2 equivalent), the Notice of Risk, and a supporting Affidavit to seek interim location, Commonwealth information, and recovery orders.
Use this fork when representing an applicant where no active parenting proceedings exist in the court registry. This plan guides the practitioner through drafting and filing the Initiating Application (Family Law), the Notice of Child Abuse, Family Violence or Risk (Form Code 0524 V1), the Genuine Steps Certificate, and the supporting Affidavit to seek final parenting orders and urgent interim location and recovery orders.
Key Legislation and Case Law: Governing provisions are found under Part VII, Division 8, Subdivision C of the Family Law Act 1975 (Cth). Section 67K defines standing to apply for location orders, while Section 67M governs standard location orders directing private entities. Section 67N establishes Commonwealth information orders, requiring compliance by federal departments despite secrecy provisions, as explicitly reinforced by Section 16(9) of the Child Support (Registration and Collection) Act 1988 (Cth) and Section 150(9) of the Child Support (Assessment) Act 1989 (Cth). Section 67P dictates safety protocols, prohibiting direct disclosure of locations to applicants when family violence is alleged. Recovery orders are issued under Section 67U. Pre-action exemptions for urgent filings are governed by Section 60I(9) and Rule 4.01 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021. Witnessing and counterpart remote execution are governed by Section 31V, Section 31W, and Section 31Y of the Oaths Act 1867 (Qld). The statutory value of a penalty unit is $330.00 under Section 4AA(1) of the Crimes Act 1914 (Cth). Supporting affidavits in FCFCOA are limited to 25 pages in Division 1, or 10 pages in Division 2 under Rule 5.08.
* 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 Location and Commonwealth Information Orders (Applicant) 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 DISPUTE_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.
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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.
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.
Draft and dispatch formal correspondence addressing the procedural requirements at this stage, including any required notices, requests for information, or proposals for resolution.