- Family Law
- Lawyers & Staff
- Cases & Articles
- Contact Us
The Family Law Act and the Courts have a system that requires separating couples to participate in pre-action procedures to attempt to resolve the dispute or narrow the issues of the dispute. These procedures need to be carried out prior to the parties commencing proceedings in the Family Court of the Federal Circuit Court of Australia. If the dispute can be resolved and the matter settles then the Courts will not need to hear the Application or if the matter cannot be settled the issues the Court will have to determine will be narrowed.
The pre-action procedures requirements apply to:
The parties are required to participate in such procedures as counselling, negotiation, conciliation or arbitration. If the above procedures are not successful then the parties are to set out their claim and make an offer.
The parties also need to comply with their duty of full and frank financial disclosure.
The usual disclosure documents required to be disclosed to the other party for a property case are:
Duty of Disclosure
The Duty of Disclosure is an ongoing duty and if information comes to light which is relevant to the financial case being conducted by the parties the party has a duty to disclose that information.
In a recent case the Full Court of the Family Court determined an Appeal made by a Wife asserting a failure by the Husband to disclose his interest under a discretionary trust set up by his Father. In these particular circumstances the Court declined to set aside the earlier Judgment on the basis that the Husband was estranged from his Father and did not have the capacity to obtain or demand a copy of the Trust Deed. The Court found that his only obligation was to require production of the accounts to determine whether or not the trust had been administered fairly.
Please do not hesitate to contact Richard Watson our family lawyer at Watson & Watson who can assist you in the process of pre-action procedures and provide sound advice that will facilitate and assist you in navigating the sometimes daunting aspects of pre- action procedures that many separating couples may face.
Personal Experienced Professional Affordable
Phone 02 9221 6011Send us your enquiry