Parties to a case have a duty to make full and frank disclosure of all information relevant to the issues in dispute in a timely manner. This duty starts at the pre-action procedure stage before the case commences and continues until the case is finalised.
In South Australia, a Notice of Risk document must be filed with an initiating application to the Federal Circuit Court. This document deals with possible child abuse or neglect, family violence or other risks to a child.
In attempting to resolve a parenting disupte, parties should also, as soon as practicable, exchange copies of documents in their possession relevant to an issue in dispute (e.g. medical reports, school reports, letters, drawings, photographs).
Any documents that have been disclosed can only be used for the purpose of resolving the dispute for which they were disclosed.
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.