Each party to a case has a duty to make full and frank disclosure of all information and documents relevant to the issues in dispute in a timely manner [Family Law Act 1975 (Cth) s 71B (for married couples) and s 90RI (for de facto couples)].

This duty starts at the pre-action procedure stage before the case commences and continues until the case is finalised [Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) r 6.01].

Any documents that have been disclosed can only be used for the purpose of resolving the dispute for which they were disclosed [r 6.04].

Parties to a case should, as soon as practicable on learning of the dispute, 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 of the Rules lists the types of documents it is appropriate to disclose. The list includes recent tax returns and assessments, superannuation information, relevant business statements and market valuations (if they are necessary).

Rule 6.06 also gives a guide to the sorts of documents and information to disclose. Rule 6.15 indicates the documents a party must disclose (identify its existence) but is not required to produce (show to the other side).

A party who fails to comply with their duty of disclosure may be punished for contempt of court and face a fine or imprisonment, as well as a costs order against them. Their non-compliance may also be taken into consideration when the Court makes property settlement orders.

From 10 June 2025, legal practitioners and family dispute resolution practitioners who engage with a separated party to a marriage or de facto relationship must tell the party about their duties of disclosure and the potential consequences of non-compliance, and encourage them to comply with their duties [Family Law Act 1975 (Cth) s 71B(10), s 90RI(10)].