Disclosure in Property and Financial Cases

In addition to the general obligation to provide full and frank disclosure, the court rules include specific disclosure requirements for property and financial cases.

Disclosure in property and financial cases involves:

Pre-action procedures

The duty of disclosure starts with the pre-action procedures, so both parties can be informed when attempting to come to an agreement without the Court's involvement.

Financial statements

When you apply for property or financial orders, you need to file a Financial Statement (Form 13).

If that does not fully meet your duty of disclosure, you also need to file an affidavit giving further particulars.

If your financial circumstances change after filing the Financial Statement, you need to file an amended statement within 21 days of the change of circumstances (unless the amendments can be set out clearly in 300 words or less, in which case you can file an affidavit with details of the changes in circumstances).

Exchanging documents before court events

In addition, there are specific documents you need to exchange before the first hearing. You also need to make sure all these documents have been exchanged prior to a conciliation conference.

There are also specific documents to be exchanged prior to the first hearing in relation to spousal or defacto maintenance orders.

Detail on full and frank disclosure in property and financial cases

The general duty to make full and frank disclosure applies to property and financial orders. The Court rules provide information on how to meet that duty.

The rules require detailed disclosure of:

A legal entity is any:

A trust includes any trust where:

This information is provided as an overview, and you should read Part 13 of the Family Court Rules for detailed information on disclosure in property and financial cases. You should seek legal advice if you are unsure of your disclosure obligations.

Superannuation

Parties to property settlement proceedings (and who are, or were, married) may apply to the Court to request superannuation information from the Australian Taxation Office (ATO) about their former spouse.

To make the application, you will need to complete a “Superannuation Information Application (ATO)” on the eCourts Portal of WA through the My Current Matters screen or the Lodge a Document screen.

The Court will then request the ATO to disclose certain superannuation information for the purpose of the Court proceedings. When disclosed, this information is provided by the Court to the requesting party, the other party, and their lawyers.

The information includes the identity of superannuation funds. This information can then be used by the requesting party to obtain further information from the fund by the use of a subpoena, or by completing a Form 6 Declaration and Information Request Form directed to the fund (see the Superannuation Information Kit).


Last updated: 29-Mar-2022

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