Case Study 1
Case Study 2
Things to Consider
Items to Collect
Children and Separation
Children - 10 Things to Keep
Your Legal Preparation
Property Settlement - Property Disclosure
Disclosure means the act of making something evident.
This article provides information about the duty of disclosure responsibilities of parties in all cases, whether property or parenting, in the Family Court. It includes information about.
- Full and frank disclosure - and what that might mean in property and parenting matters
- Written undertakings that must be given to the court
- Documents to be disclosed
- Penalties for failure to disclose or for filing false undertakings.
Disclosure is a complex area of law. Armstrong Legal has a team of highly experienced lawyers specialising in family law in relation to disclosure. We provide valuable assistance in understanding your legal rights and responsibilities, including your duties and obligations about disclosure, including full and frank disclosure, the effect of the undertaking as to disclosure, and the terms used.
What is duty of disclosure?
Duty of disclosure requires all parties to a family law dispute to provide to each other party all information relevant to an issue in the case. This information includes but is not limited to.
- Electronic information (computer storage)
- Paper documents
- Court documents
- Documents other parties may not know about.
Duty of disclosure begins at the start of proceedings and continues until the matter is finalised.
Parties involved in family law proceedings must continue to provide such information as circumstances change; more documents are created or come into your possession, power or control.
Disclosure in financial cases and property settlements
The rules of disclosure in financial and property matters are in addition to the general disclosure requirements. In financial and property matters it is required that the following is disclosed.
- All sources of earnings
- Financial interests
- Other financial resources
- Property disposal (sale, transfer, assignment or gift) made within a year before separation or after separation.
A Financial Statement (www.familylawcourts.gov.au) needs to be completed to disclose all financial resources. It is important that you outline all of your resources. If it is not possible to do this on the financial statement, Armstrong Legal strongly recommend you attach an affidavit disclosing additional financial resources.
Documents you need to file in the Family Court
You must file a Financial Statement. If that does not fully meet your duty of disclosure, you also need to file an affidavit giving further details. If your financial circumstances change after you file the Financial Statement, you must file an amended statement within 21 days after the change of circumstance.
Disclosure of documents
The court may require you to disclose documents in certain ways during the duration of the case. These ways include the production, inspection, copying and list of documents, orders for disclosure or answers to specific questions.
Penalties for failing to disclose
The court has serious penalties for failure to disclose information or for giving misleading or false information. They may.
- Refuse you permission to use the information or document as evidence in your matter
- Postpone or dismiss all or part of your matter
- Make you pay the other parties legal fees
- Fine or imprison you for being found guilty of contempt of the court.
Would you like to know more or to book an appointment, please contact Armstrong Legal and talk to one of our specialist family law solicitors on 02 9261 4555.