Legal Project Management Plan & Checklist
Purpose of this Guide: Use this fork when the standard 2-year limitation period under s 205ZB(1) of the Family Court Act 1997 (WA) has already expired and the client still wishes to pursue a de facto property settlement. The applicant must first obtain leave of the court to file out of time by proving that hardship would result if leave is refused. This is a high-risk interlocutory step that must be resolved before any property disclosure is ordered and before substantive property proceedings can commence. Verify current guidelines on the official WA Legislation. Access services via the WA Courts.
Jurisdiction: Family Court of Western Australia. This fork proceeds in two stages - first the hardship leave interlocutory application, then (if leave is granted) the substantive property proceedings resuming from the standard pathway. Verify current guidelines on the official WA Legislation.
The Process at a Glance: Calculate how many days have elapsed since the 2-year limitation deadline expired. Prepare and file an urgent interlocutory application for leave supported by a dedicated Hardship Affidavit. The affidavit must demonstrate a substantial detriment to the applicant if leave is refused, that the claim has real prospects of success, and that after deducting litigation costs the applicant would be materially better off. The court determines the leave application on a threshold basis before ordering any disclosure. If leave is granted, file the Initiating Application and resume the standard pathway. If leave is refused, the property claim is permanently statute-barred. Verify current guidelines on the official WA Legislation. Access services via the WA Courts.
Key Legislation and Case Law: Section 205ZB(1) of the Family Court Act 1997 (WA) - 2-year limitation from separation date. Section 205ZB(2) - hardship leave standard. If a binding financial agreement was set aside under s 205ZO, the applicable limitation period is 12 months from the date of the set-aside order. The hardship test is strictly applied: hardship does not mean proof of poverty; the mere loss of the right to litigate without more does not establish hardship; the applicant must demonstrate substantial detriment and a meritorious claim with real prospects of success leaving the applicant materially better off after costs. Hardship is a gateway threshold determined before broad financial disclosure is ordered. Verify current guidelines on the official WA Legislation. Access services via the WA Courts.
* 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 Property Settlement (Applicant) - Western Australia - Out of Time Application - Hardship Leave (s 205ZB(2)) 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.
The hardship threshold under s 205ZB(2) is strictly applied. The court will not grant leave merely because the client did not know about the limitation period or was hoping to resolve matters informally. The applicant must demonstrate a positive case of hardship - a substantial detriment - not merely inconvenience.
The court has held that the mere loss of the right to litigate, without more, does not establish hardship. A trifling claim (where the net benefit after litigation costs would be minimal) will not satisfy the merit test. Hardship is a gateway threshold determined before the court orders broad financial disclosure.
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.