Commonwealth Consolidated Regulations

[Index] [Table] [Search] [Search this Regulation] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

FAMILY LAW RULES 2004 - RULE 12.02

Property case--exchange of documents before first court date

                   At least 2 days before the first court date in a property case, each party must, as far as practicable, exchange with each other party a copy of all of the following documents:

                     (a)  a copy of the party's 3 most recent taxation returns and assessments;

                     (b)  if relevant, documents about any superannuation interest of the party, including:

                              (i)  if not already filed, the completed superannuation information form for the superannuation interest; and

                             (ii)  if the party is a member of a self-managed superannuation fund--a copy of the trust deed and the 3 most recent financial statements for the fund;

                     (c)  for a corporation in relation to which a party has a duty of disclosure under rule 13.04:

                              (i)  a copy of the financial statements for the 3 most recent financial years, including balance sheets, profit and loss accounts, depreciation schedules and taxation returns;

                             (ii)  a copy of the corporation's most recent annual return that lists the directors and shareholders; and

                            (iii)  if relevant, a copy of the corporation's constitution;

                     (d)  for a trust in relation to which a party has a duty of disclosure under rule 13.04:

                              (i)  a copy of the financial statements for the 3 most recent financial years, including balance sheets, profit and loss accounts, depreciation schedules and taxation returns; and

                             (ii)  a copy of the trust deed;

                     (e)  for a partnership in relation to which a party has a duty of disclosure under rule 13.04:

                              (i)  a copy of the financial statements for the 3 most recent financial years, including balance sheets, profit and loss accounts, depreciation schedules and taxation returns; and

                             (ii)  a copy of the partnership agreement;

                      (f)  for a person or entity mentioned in paragraph (a), (c), (d) or (e)--any business activity statements for the 12 months ending immediately before the first court date;

                     (g)  unless the value is agreed--a market appraisal or an opinion as to value in relation to any item of property in which a party has an interest.

Note:          All parties have a general duty of disclosure (see Chapter 13). For examples of the type of property about which disclosure must be made, see rule 13.04.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback