For both parenting and property matters, the Federal Circuit and Family Court of Australia imposes a duty on parties to make full and frank disclosure. This duty is not fulfilled after exchanging financial disclosure or relevant information on one occasion. The obligation to provide relevant information is ongoing and applies to parties until the conclusion of proceedings.
Property Proceedings
Exchanging financial disclosure in a property settlement will allow you and your former partner to understand the assets, liabilities and superannuation requiring division. Providing full and frank disclosure will allow you to negotiate fairly with your former partner and obtain advice about what may be a just and equitable resolution in your matter.
The Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (‘the Rules’) provides a non-exhaustive list of the types of financial documents which should be exchanged. While the disclosure you are required to provide will be unique to your personal circumstances, the following documents are usually exchanged:
- Tax Returns and Notice of Assessments.
- Payslips or evidence of a party’s earnings.
- Bank account statements.
- Loan statements.
- Credit card or finance statements.
- Share statements.
- Documents relating to any trust or partnership a party has an interest.
- Documents about any property which was disposed of following separation.
- Financial Statements and Business Activity Statements for any corporation, business, trust, partnership or any other commercial entity which a party has an interest in.
In addition to the items above, you may be required to make further disclosure of any documents or information pertaining to your financial circumstances which has been requested by your former partner.
Parenting Proceedings
The Rules also require parties to disclose all information relevant to their parenting matter, at all stages of a case. The type of information you are required to supply the other parent or party will depend on the unique circumstances of your case.
You should provide all information and documents relevant to issues in your matter.
Some examples of the documents and information you may disclose include:
- Copies of orders, reports or documents which relate to family violence matters or criminal proceedings.
- Documents including medical reports relating to the children.
- Details of any medical practitioners and allied health practitioners who treat your child/ren.
- Drug and/or alcohol test results.
- Information about your work hours and employer.
Non-compliance with your duty to provide disclosure in parenting and property matters is a serious issue. The Court may impose penalties on a party who fails to comply with their duty. For example, a costs order could be made against you, and you may be required to pay the other party’s legal fees in addition to your own.
It is important to understand your duty to provide disclosure throughout your proceedings and ensure yourself that you have exchanged all relevant information. If you are contemplating commencing proceedings or are engaged in a family law Court matter, we recommend that you obtain legal advice about your requirement to exchange relevant information with the other party.
Written by
Olivia Brennan
Family Law Solicitor
In most instances, it is important to speak to a family lawyer first. We have experienced solicitors in Newcastle and the Central Coast area that can help you through your family law matter.
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