Legal Project Management Plan & Checklist
Purpose of this Guide: Use this plan when representing a mother in a de facto parentage application where the respondent refuses to submit to court-ordered DNA parentage testing under Section 195 of the Family Court Act 1997 (WA). This plan guides the practitioner through verifying non-compliance, applying to the court to draw adverse inferences under Section 198, securing a binding declaration of parentage on the balance of probabilities, and initiating retrospective child support assessments. Verify current guidelines on the official WA Legislation. Access services via the WA Courts.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
Jurisdiction: Family Court of Western Australia. This fork covers the contested adverse inference pathway. It forks from the parent de facto parentage plan. Verify current guidelines on the official WA Legislation.
The Process at a Glance: Verify that the respondent has failed to attend laboratory appointments or has formally refused testing. Draft a Form 2 Application in a Case and supporting affidavit seeking s 198 adverse inference orders. Lodge the application via the eCourts Portal WA and personally serve the respondent. Represent the client at the interim hearing, presenting the non-compliance evidence and asking the court to infer paternity. Once a s 194A declaration is obtained on the balance of probabilities, update the Registry of Births, Deaths and Marriages and lodge child support claims with Services Australia. Verify current guidelines on the official WA Legislation. Access services via the WA Courts.
Key Legislation and Case Law: Parentage testing orders are made under Section 195, and adverse inferences are drawn under Section 198 of the Family Court Act 1997 (WA). Rebutting presumptions is governed by Section 193 on the balance of probabilities. Registry amendments are made under Section 18 of the Births, Deaths and Marriages Registration Act 1998 (WA). Retrospective child support is governed by Section 106A of the Child Support (Assessment) Act 1989 (Cth). Case law includes In the Marriage of H [1981] FamCA 22 and L and C [2018] FCWA 23. eFiling is executed at the eCourts Portal WA at https://ecourts.justice.wa.gov.au/eCourtsPortal/. Verify current guidelines on the official WA Legislation.
* 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 Law: De Facto Parentage Declarations (Mother Applicant) - Western Australia - Contested Testing - Section 198 Adverse Inference Pathway 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.
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.
Under s 198 Family Court Act 1997 (WA), if a party refuses to submit to DNA testing ordered under s 195, the court may draw such adverse inferences from the refusal as appear just.
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.
A declaration under s 194A Family Court Act 1997 (WA) is conclusive evidence of parentage for all WA laws.
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.