Document ID: chunk:federal_register_of_legislation:C2024A00118:clause:1_90yja:p1
Version: federal_register_of_legislation:C2024A00118
Segment Type: clause
Provision Reference: sch 1 cl 90YJA (pt 1/2)
Character Range: 63078–65763

90YJA  Duty of disclosure

Duty of disclosure in proceedings
 (1) Each party to a proceeding under this Part (other than proceedings on appeal) has a duty to the court and to each other party to give full and frank disclosure, in a timely manner, of all information and documents relevant to:
 (a) for a party to the de facto relationship concerned—the issues under this Part in the proceeding; or
 (b) for any other party to the proceeding—so much of the party's financial circumstances as are relevant to the issues under this Part in the proceeding.
 (2) The duty under subsection (1) applies from the start of the proceeding and continues until the proceeding is finalised.
Note: Courts have a range of powers that may be exercised to impose consequences when a person fails to comply with their duty of disclosure, including powers under the Family Court Act 1997 (WA) and the Western Australian Rules of Court.
 (3) If a party has a litigation guardian, the duty under subsection (1) is taken to have been complied with if the litigation guardian complies with the duty to the extent they are capable of doing so.
 (4) The duty under subsection (1) does not apply to the respondent to an application that alleges a contravention of a court order or a contempt of court in relation to that application.

Duty of disclosure while preparing for proceedings
 (5) If separated parties to a de facto relationship are preparing for a proceeding to be brought under this Part (other than proceedings on appeal), each party has a duty to the other party to give full and frank disclosure, in a timely manner, of all information and documents relevant to the issues under this Part in the proposed proceeding.
 (6) The duty under subsection (5) applies at any time while the party is preparing for the proceeding.
Note: If proceedings are instituted, consequences, as mentioned in the note beneath subsection (2), may apply to a person who has failed to comply with their duty of disclosure under subsection (5).

Relevant information and documents
 (7) A party's duty to disclose information and documents is a duty to disclose information known to the party and documents that are or have been in the possession or under the control of the party.
 (8) The Western Australian Rules of Court may prescribe information or documents as information or documents to which the duty to disclose applies.
Note: The duty to disclose is not limited to prescribed information and documents. The Western Australian Rules of Court may also prescribe other matters in relation to the duty of disclosure.

Practitioners' obligation to provide information etc.
 (9) A legal practitioner or family dispute