Legal Project Management Plan & Checklist
Purpose of this Guide: Use this plan when representing a mother in a de facto relationship of less than 2 years who is seeking both parentage declarations for a child and property settlement orders in the Family Court of Western Australia. Under state law, property settlements for relationships under 2 years are barred unless there is a child of the relationship and serious injustice would result if orders were not made. This plan guides the practitioner through establishing parentage as the absolute condition precedent, satisfying the s 205Z gateway exception, and initiating property claims. Verify current guidelines on the official .
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 hybrid parentage and property proceedings for short relationships. It forks from the parent de facto parentage plan. Verify current guidelines on the official WA Legislation.
The Process at a Glance: Assess cohabitation dates to confirm the relationship is under 2.0 years and verify that a child exists. File Form NP1 FDR exemption if family violence or asset dissipation risk is present, or coordinate parenting mediation. Draft parentage declarations under s 194A alongside property settlement pleadings under Part 5A, specifically detailing the serious injustice gateway under s 205Z. Prepare a Form 13 Financial Statement and gather 3 years of tax returns, bank accounts, and appraisals. File the hybrid package via the eCourts Portal WA. Seek interim DNA testing orders at the first return. Once parentage is established at 99% or higher, serve the superannuation trustee (giving 28 days notice) and compile contributions evidence (homemaker and parenting contributions) to prepare for the Conciliation Conference. Verify current guidelines on the official WA Legislation. Access services via the WA Courts.
Key Legislation and Case Law: Property settlements in short relationships are governed by Section 205Z and Section 205X of the Family Court Act 1997 (WA). Parentage declarations arise under Section 194A. Financial statements must be filed on Form 13 under Rule 151 of the Family Court Rules 2021 (WA). Pre-action disclosure of financial documents is governed by Part 13. Superannuation splitting notice is governed by Section 90YY of the Family Law Act 1975 (Cth) (WA de facto superannuation split). Case law includes Mallet v Mallet (1984) 156 CLR 605 and Kennon v Kennon [1997] FamCA 27 on homemaker contributions. 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 - Hybrid Claim - Property Settlement in Short De Facto Relationship (s 205Z) 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 205Z Family Court Act 1997 (WA), a court may make a property order for relationships under 2 years only if there is a child of the relationship AND a failure to make the order would result in serious injustice.
Draft and dispatch formal correspondence addressing the procedural requirements at this stage, including any required notices, requests for information, or proposals for resolution.
Full and frank disclosure of financial resources is mandatory under Part 13 Family Court Rules 2021 (WA).
Coordinate the collection and review of all financial documentation required for disclosure, including statements, valuations, and supporting schedules as mandated by the rules.
Form 13 is a mandatory pleading for property settlement claims under Rule 151 Family Court Rules 2021 (WA). Priority Property Pool rules do not apply if parenting or maintenance is sought.
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.
Superannuation splitting for WA de facto relationships is governed by s 90YY Family Law Act 1975 (Cth). Notice to the trustee is a mandatory condition precedent under the rules.
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.
Conciliation conferences are ordered by Registrars under the Family Court Rules 2021 (WA) to resolve financial disputes without trial.