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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:
• Often disclosure is ordered at the first court date
• You can write to the other party and request general disclosure or specific disclosure
• If the other party is not forthcoming with their documents and there is no court order, you can make an application to the court for disclosure
• If there is a court order and the other party is not forthcoming with their disclosure, then you can file a contravention application to the court
Depending on the nature of the document or information sought you may also have the option of issuing a subpoena.
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