Document ID: chunk:federal_register_of_legislation:C2024A00118:clause:1_90ri:p2
Version: federal_register_of_legislation:C2024A00118
Segment Type: clause
Provision Reference: sch 1 cl 90RI (pt 2/3)
Character Range: 60011–62836

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).

Financial or property matters of the relationship
 (7) Any of the following matters, so far as they relate to a de facto relationship, are financial or property matters of the relationship:
 (a) financial matters;
 (b) matters that are or might become the subject of proceedings in a de facto financial cause;
 (c) matters that are or might become the subject of proceedings under any of the following provisions of this Act:
 (i) Division 7 of Part VII (child maintenance orders);
 (ii) this Part (orders with respect to the maintenance of a party, or the property of the parties, to the relationship), other than Subdivision C of Division 1 (declarations about existence of de facto relationships);
 (iii) section 90UM (orders setting aside a financial agreement or a termination agreement);
 (iv) Part VIIIB (orders with respect to allocation of superannuation interests);
 (v) section 106B (orders with respect to instruments or dispositions to defeat an existing or anticipated order in proceedings under this Act);
 (d) matters that are or might become the subject of proceedings under any of the following provisions of the Child Support (Assessment) Act 1989:
 (i) section 116 (orders for departure from administrative assessment in special circumstances);
 (ii) section 123 (orders for provision of child support otherwise than in form of periodic amounts paid to carer);
 (iii) section 129 (orders modifying orders under section 123A or 124).

Relevant information and documents
 (8) 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.
 (9) A party's duty to disclose information and documents includes any information and documents prescribed by the applicable Rules of Court for the purposes of the duty.
Note: The duty to disclose is not limited to prescribed information and documents. The applicable Rules of Court may also prescribe other matters in relation to the duty of disclosure.

Practitioners' obligation to provide information etc.
 (10) A legal practitioner or family dispute resolution practitioner who engages with a separated party to a de facto relationship who is or might be subject to the duty in subsection (1) or (5) must:
 (a) provide the party with information about:
 (i) the duties of disclosure under this section and explain the circumstances in which they apply; and
 (ii) potential consequences of the party not complying with the duties; and
 (b) encourage the party to