Document ID: chunk:federal_register_of_legislation:F2024C00417:clause:1_4
Version: federal_register_of_legislation:F2024C00417
Segment Type: clause
Provision Reference: sch 1 cl 4
Character Range: 493964–496533

4  Disclosure and exchange of correspondence
 (1) Parties to a proceeding have a duty to make full and frank disclosure of all information relevant to the issues in dispute in a timely manner (see rule 6.01).
 (2) As soon as practicable on learning of the dispute and in the course of exchanging correspondence under clause 3 of this Part, parties must exchange the following:
 (a) a schedule of assets, income and liabilities;
 (b) a list of documents in the party's possession or control that are relevant to the dispute;
 (c) a copy of any document required by the other party, identified by reference to the list of documents.
 (3) Parties must refer to the Financial Statement and rule 6.06 of these Rules as a guide for the information to provide and documents to exchange.
 (4) The documents that the court considers appropriate to include in the list of documents and to exchange include:
 (a) in financial proceedings (other than an application for maintenance only)—those listed in subrule 6.06(8); and
 (b) in an application for maintenance only—those listed in rule 6.06(9).
 (5) It is reasonable to require a party who is unable to produce a document for inspection to provide a written authority addressed to a third party authorising the third party to provide a copy of the document in question to the other party, if this is practicable.
 (6) Parties must agree to a reasonable place and time for the documents to be inspected and copied at the cost of the person requesting the copies.
Note: The court will refer to Chapter 6 of these Rules as a guide for what is regarded as reasonable conduct by the parties in making these arrangements.
 (7) Parties must not use a document disclosed by another party for a purpose other than the resolution or determination of the dispute to which the disclosure of the document relates, unless an exception applies under subrule 6.04(2).
 (8) Documents produced by a person to another person in compliance with the pre‑action procedures are taken to have been produced on the basis of an undertaking from the party receiving the documents that the documents will be used for the purpose of the proceeding only.
 (9) Parties must bear in mind that an object of the pre‑action procedures is to control costs and, if possible, resolve the dispute quickly.
 (10) Parties must also file an undertaking as to disclosure that states that the party is aware of the ongoing duty of disclosure and has complied with this duty, to the best of the party's knowledge and ability, before the first court date (see rule 6.02).