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Have you been told that you have a duty to disclose in a Family Law matter? 

What is a “Duty of Disclosure”?.

Author: Sophie Percival

16 August 2022

What is Duty of Disclosure?

In both financial and parenting family law matters, parties have a mandatory obligation to provide disclosure. This obligation remains until the conclusion of the matter, even through the trial process, if a matter does not resolve.

A party may be asked to comply with their duty in numerous ways. This may include producing physical or digital documents, answering specific questions, and/or complying with Orders.

Duty of Disclosure – Financial Matters (Property)
Parties must provide all relevant financial disclosure, including:

  • All sources of earnings;
  • Interest;
  • Income; and
  • Property

The Duty extends to the provision of business records where a party has an interest in a business.

Duty of Disclosure – Parenting Matters
All relevant information in a parenting matter must be provided at all stages, and information is case specific. The disclosure provided may vary, including documents such as;

  • Medical reports of children and parents;
  • School reports and letters; and
  • Drawings and photographs.

Consequences of Non-Disclosure
The duty to disclose applies to all parties and includes documents that the other party/s do not know about. If a party fails to file an undertaking or comply with their duty of disclosure, the Court may decide to;

  • Refuse to allow the party to use that information as evidence in the matter;
  • Stay or dismiss all or part of the matter;
  • Order costs against the party; and
  • Serve the party with a fine or imprison them on being found guilty of contempt of court for not disclosing the document, or for breaching your undertaking.

If you have any questions about duty of disclosure in family law matters, or any other family law related proceedings, please do not hesitate to contact our team at Access Law Group via email (lawyers@alg.com.au) or via telephone on 4220 7100 to book an initial consultation here.