Legal Project Management Plan & Checklist
Purpose of this Guide: Use this fork when the family provision matter has settled at mediation and the agreed terms must be formally documented and implemented. A mediation settlement in a family provision matter must be implemented through two instruments: a comprehensive Deed of Release (a private contract between the parties releasing all claims) and UCPR Form 44 Consent Orders filed with the Supreme Court to formally dismiss the proceedings and (if applicable) authorise the executor to distribute the estate in accordance with the agreed terms. Neither instrument alone is sufficient - both must be executed and the Consent Orders must be sealed by the court before the executor can safely distribute. Verify current guidelines on the official .
Jurisdiction: NSW Supreme Court - Equity Division, Family Provision List. Post-mediation settlement documentation under the Succession Act 2006 (NSW) and UCPR Form 44 Consent Orders.
The Process at a Glance: At the conclusion of mediation, record the agreed terms precisely in a Heads of Agreement signed by all parties before they leave the mediation. Brief all parties' solicitors to draft or review the Deed of Release within 7 days of the mediation. Execute the Deed of Release with all parties. File UCPR Form 44 Consent Orders in the Supreme Court to formally dismiss the proceedings. Obtain the sealed Consent Orders. The executor distributes the estate in accordance with the Consent Orders. Trust account disbursements are made, the trust ledger is zeroed, and the file is closed. Verify current guidelines on the official NSW Legislation.
Key Legislation and Case Law: Succession Act 2006 (NSW) s 59(1) (power to make orders - the consent orders must be within the scope of orders the court could make at final hearing). Uniform Civil Procedure Rules 2005 (NSW) UCPR Form 44 (Consent Orders). All parties to the proceedings must sign the Consent Orders - including any notional estate respondents if they were joined.
* 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 Family Provision Application - Plaintiff (NSW Supreme Court) - Mediation Settlement - Deed of Release and Consent Orders 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 Wills and Estates cases, outlining the standard Contentious 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.
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.