Duty of Disclosure in Family Law

An important characteristic of the Australian Family Court system is that it is a Court of show and tell, rather than hide and seek

Rule 13.04 of the Family Law Rules 2004, states that all parties to a family law dispute are required to provide to the other parties all information in relation to their financial situation as it is relevant to their case. The Court looks poorly on litigants who do not disclose their full financial situation. 

Documents that a party may be required to provide include, but are not limited to: 

  1. Bank statements; 
  2. Credit card statements; 
  3. Payslips from your employer; 
  4. Tax returns and notices of assessment; 
  5. Mortgage statements; 
  6. Business financial statements; 
  7. Statements in relation to other liabilities, such as a personal loan or loan from a friend or parent; and 
  8. Centrelink statements. 

Usually, disclosure is ‘exchanged’ between parties – this means that the parties, or their solicitors, agree to a mutually convenient time to send the disclosure to the other party or their solicitor. 

Once disclosure has been exchanged, each party has an opportunity to raise any questions that may arise out of their review of the disclosure and/or request further disclosure documents from the other party. 

Understanding your obligations to disclose, or your rights when it comes to disclosure can be complicated. Our passionate and experienced specialist accredited family lawyers can assist you in navigating the difficult circumstances surrounding disclosure and relationship breakdown.

Contact our Family Law team today by filling out the form below or call us on 02 9964 0499 to make an appointment and better understand your disclosure rights or obligations.

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