Document ID: chunk:federal_register_of_legislation:C2024A00118:clause:1_90ri:p1
Version: federal_register_of_legislation:C2024A00118
Segment Type: clause
Provision Reference: sch 1 cl 90RI (pt 1/3)
Character Range: 57569–60245

90RI  Duty of disclosure

Duty of disclosure in proceedings
 (1) Each party to a proceeding relating to financial or property matters of a de facto relationship (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 relationship—the issues in the proceeding that relate to financial or property matters of the relationship; or
 (b) for any other party to the proceeding—so much of the party's financial circumstances as are relevant to the issues in the proceeding that relate to financial or property matters of the relationship.
 (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. For example, a court might do any of the following:
(a) take the failure into account when making an order under section 90SM (alteration of property interests);
(b) make any orders with respect to costs or security for costs against the person that the court considers just, having regard to the failure;
(c) make any orders with respect to disclosure that the court considers appropriate;
(d) if an order made by the court is contravened—impose sanctions under section 112AD;
(e) punish the person under section 112AP for contempt;
(f) stay or dismiss all or part of the proceedings.
 (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 relating to financial or property matters of the relationship (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 in the proposed proceeding that relate to financial or property matters of the relationship.
 (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