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.
Any documents that have been disclosed can only be used for the purpose of resolving the dispute for which they were disclosed.
In attempting to resolve a financial dispute, parties should, as soon as practicable exchange a schedule of assets, income and liabilities; a list of documents in their possession relevant to the dispute; and a copy of any document required by the other party.
Schedule 1, Part 1, 4(5) of the Family Law Rules 2004 (Cth) lists the types of documents it is appropriate to disclose.
The Financial Statement and rules 4.15, 12.05 and 13.04 also give a guide to the sorts of documents and information to disclose. Rule 13.12 indicates the documents a party does not have to disclose.
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