Duty of Disclosure

Duty Of Disclosure – Why disclose your financial position ?

The ‘duty of disclosure’ is an important obligation for parties to family law proceedings. Disclosure is the process of making facts and information known to the other party to the dispute, and to the Court. There is no doubt that having to produce all your personal financial records to lawyers and to your ex-partner is burdensome and invasive, but it is an important step in achieving a fair outcome in Family Law proceedings and understanding all information relevant to your case. In family law, there is a duty to make full and frank disclosure in both parenting and financial matters.

What needs to be disclosed?

Full and frank disclosure means the complete and honest disclosure of all relevant documents to the proceedings in a timely manner.

In financial matters, this means all documents relevant to the financial circumstances of a party. This includes all sources of earnings, interest, income, property and other financial resources. Examples of documents which need to be disclosed include tax returns, bank statements, payslips and superannuation statements.

In parenting matters, the duty of disclosure applies to any information relevant to a parenting case, which may include medical reports, school reports, letters and drawings by the child, photographs or diary entries. In some cases, parenting disclosure might include documents relevant to any risk to the child’s safety such as drug or alcohol tests from parents, criminal records, or documents related to family violence or neglect. Parenting disclosure is entirely dependent on the circumstances of the case.

Failure to Disclose:

Breaching disclosure obligations is taken very seriously by the Court and can affect your case. Possible consequences can include costs orders, fines and being held in contempt of court.

If you have any questions about disclosure, we’re happy to assist you. Give us a call on (02) 9223 5299 or email us at lawyers@michaelconley.com.au