What is Disclosure
All parties to a family law matter have a duty to provide full and frank disclosure. This means that you must provide to the other party all relevant information to your case.
What is deemed to be relevant information can vary from case to case, but often includes:
Ongoing Obligation
Disclosure is an ongoing obligation, beginning before the case starts and continuing until it is finalised. Parties to a case must provide updated disclosure throughout the case and notify the other party if there is a change in their circumstances.
Failing to Disclose
There are penalties for failing to disclose information or documents during a family law matter. The Court may:
It is important to be aware of your ongoing disclosure obligations and to discharge your duty in a timely manner.
Subpoenas
If you are a party to the family law court proceedings where the other party has not provided full and frank disclosure, there are a number of options available to you:
Depending on the nature of the document or information sought you may also have the option of issuing a subpoena.
“I wish to thank you for all your efforts on our behalf. Simply thanking you doesn’t cover the difference your help has made, not only to our lives, but importantly to the long term prospects for [name of child removed].
The work you have put in and, I believe, the emotion you invested, goes way beyond the solicitor-client contract. We are enormously grateful.”
[Name of grandparents in Brisbane removed, 19 June 2020]
This case involved both family law and domestic violence.
“Dear Duc and the staff at Freeman Lawyers
Your dedication to clients and the hard work you’ve done for me almost daily has not gone unnoticed and will never be forgotten.
This went on for me for a long time and thank you for all the hours and work you put in to win this for me and [name of child removed].
I always had complete faith you would deliver me the best outcome.”
[Mother/Wife in Brisbane, June 2020]
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