• MCW Lawyers

Family Law and the Duty of Disclosure

Updated: Aug 9

It is essential for all parties in family law proceedings to disclose all relevant information and documents from the start through to the finalisation of the proceedings.

Chapter 6 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 describes the General duty of disclosure but particularly refers to the requirement and obligation of each party to provide full and frank disclosure to the other in accordance with Rule 6.01(1).

Parenting proceedings

The documents that are required to be disclosed are assessed on a case-by-case basis depending on the circumstances of the parties. The documents may include but are not limited to:


(a) Criminal records of a party;

(b) Documents filed in other proceedings concerning a child or a party (such as the Children’s Court or Local Court for Apprehended Domestic Violence Orders, (“ADVO”));

(c) Medical reports about a child or a party; and

(d) School reports.


Financial proceedings

The documents that are required to be disclosed include but are not limited to:

  • Income Tax Returns;

  • Notices of Assessment;

  • Bank statements (credit and debt);

  • Shareholder statements;

  • Company and business records (such as Profit and Loss Statements and Balance Sheets);

  • Superannuation statements;

  • Market opinions for real estate;

  • Redbook searches for motor vehicles;

  • Trust Deeds; and

  • Partnership Agreements.

The purpose of disclosure is to ascertain what the assets, superannuation and liabilities are to distribute between the parties. The obligation to disclose continues throughout the proceedings and should be updated regularly by all parties.

For more information on your duty to disclose documents, please contact our family team at MCW Lawyers on 02 9589 6666 or email us at info@mcwlaw.com.au