In family law proceedings, the duty of disclosure is the obligation that each party be transparent about their circumstances and disclose to the other party and the court all relevant information and documents related to the issues in dispute.
This duty applies to both parenting and financial matters and is an ongoing obligation that starts with the pre-action procedures and continues until the matter is finalised.
This article is an overview of the duty of disclosure, applicable documents, compliance with the duty, and the consequences of non-disclosure. It is discussed in the context of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth), recently introduced under the new Federal Circuit and Family Court of Australia.
To find out more, read our article here (pdf, 248 kb)