The duty of full and frank disclosure is a fundamental principle in Australian Family Law matters, both in property and parenting cases. This duty is outlined in the Family Law Rules 2004 (Cth) – Rule 13.01 for property matters and Rule 22.01 for parenting matters.
Property Matters
In property matters, each party is required to disclose their total financial circumstances. This includes all sources of:
- earnings (Centrelink, child support, trusts, companies, business partnerships);
- interest;
- income;
- assets (property, statements, shares, cars
- liabilities (mortgages, credit cards, personal loans); and
- and other financial resources.
Parties must also disclose any disposal of property (whether by sale, transfer, assignment or gift) that was made in the year immediately before the separation or since the final separation and that was not in the ordinary course of business or for the purpose of meeting ordinary living expenses.
Parenting Matters
In parenting matters, parties are required to disclose any significant changes in their circumstances that could impact the child’s welfare. This includes changes in living arrangements, employment, health, or other factors that could affect the child’s best interests.
What documents to provide
To comply with your duty, you must provide all relevant documents and information to the other party and the court. This includes:
- financial statements;
- tax returns;
- pay slips;
- bank statements;
- property valuations;
- and any other documents that can provide a clear picture of your financial situation.
In parenting matters, this could include medical reports, school reports, or any other documents that can provide information about the child’s welfare.
Undertakings
All parties are required to file an undertaking acknowledging your understanding of Family Law Rules relating to the duty of disclosure.
The undertaking also states that you are aware of your duty to the court and each party to provide full and frank disclosure of all information which is relevant to the issue in the case. You must disclose promptly.
Upon signing the undertaking, you also acknowledge that:
- To the best of your knowledge and ability you have complied with the duty of disclosure; and
- any breach of the undertaking may be contempt of Court.
Failure to disclose
Failure to comply with the duty of full and frank disclosure can have serious consequences. The court may:
- draw adverse inferences;
- not allow you to use that information or document as evidence in your case;
- impose costs penalties;
- dismiss the case.
Therefore, it’s crucial for you to understand and fulfill your disclosure obligations.
You should ensure you receive the best family law advice from a family lawyer in Sydney.
If you need advice from a family lawyer in Sydney, please don’t hesitate to contact us for a free consultation for 15 minutes on (02) 8379 1892</a> or info@barkerevans.com.au.
