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property disclosure

Contact Armstrong Legal:
Canberra: (02) 6288 1100
Sydney: (02) 9261 4555
Melbourne: (03) 9620 2777
Brisbane: (07) 3229 4448

Kerry White

Disclosure is a complex area of law. Armstrong Legal Canberra has a team of highly experienced lawyers specialising in family law in relation to disclosure.

We can help you understand 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.

This article provides information about the 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.

What is duty of disclosure?

Duty of disclosure requires all parties to a family law dispute to provide each other with 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
  • Income
  • Property
  • Other financial resources
  • Property disposal (sale, transfer, assignment or gift) made within a year before separation or after separation.

A Financial Statement 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 Canberra 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 information

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.

where to next?

Taking the next step and contacting a family lawyer can be scary. Our lawyers will make you feel comfortable so you can talk about your situation. But first, ask yourself, Do I really need a lawyer?

Why Choose Armstrong Legal?

Contact Armstrong Legal:
Canberra: (02) 6288 1100
Sydney: (02) 9261 4555
Melbourne: (03) 9620 2777
Brisbane: (07) 3229 4448

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