The Family Court of Australia is a Court that encourages “show and tell” rather than “hide and seek” when parties are complying with their disclosure obligations.

You can assist your client in their matter by collating the documents that are commonly required to be disclosed to the other party. This will reduce costs in terms of your client’s time and our fees. It will also reduce the prospect of the other party making an application against your client seeking disclosure and the cost order that may follow that event.

A client may ask you, what documents do I need to disclose?

The Family Court Rules provide at Rule 12.02 that a party is to disclose the following documents in a property case prior to the first court date:

Rule 12.02 Property case – exchange of documents at least 2 days before first court date:

1. Last 3 tax returns and assessments;
2. Completed Superannuation Information Form;
3. If a Self-Managed Super Fund the last 3 financial statements and trust deed;
4. Last 3 balance sheets, profit and loss accounts, depreciation schedules and tax returns for any corporate entity or trust in which they have an interest;
5. Any BAS for 12 months immediately before the first court date; and
6. Unless the value is agreed, a market appraisal or an opinion as to the value of any item of property in which the party has an interest.

Disclosure is an ongoing obligation.

The documents required to be disclosed may be enlarged upon depending on the circumstances of the matter. Typically, greater disclosure is required where:

• The parties own a business;
• There has been a greater initial contribution by one party;
• There may have been gifts from one spouses family; or
• There is an argument as to what property is available for division between the parties.

In a recent case of Gissing & Sheffield [2015] FamCA 15 the Family Court in Melbourne made interim orders in respect to the Husband’s disclosure obligations. The orders included that the Husband disclose:

1. Copies of his income tax returns and assessments from the financial year of 2005 onwards;
2. Copies of his bank statements, credit card statement and mortgage statements whether held individually, jointly or held on trust from 2006 onwards;
3. Copies of his business records from 2009 onwards;
4. Copies of loan applications for refinancing or new purchases; and
5. Evidence of any documents relating to loans between himself and his mother from the commencement of his relationship with the Wife.