Commonwealth Numbered Regulations

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FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (FAMILY LAW) RULES 2021 (F2021L01197) - RULE 6.01

General duty of disclosure

             (1)  Subject to subrule (4), each party to a proceeding has a duty to the court and to each other party to give full and frank disclosure of all information relevant to the proceeding, in a timely manner.

Note:          The proceedings to which the duty of disclosure applies include both parenting proceedings and financial proceedings. Failure to comply with the duty may result in the court excluding evidence that is not disclosed or imposing a consequence, including punishment for contempt of court.

             (2)  The duty of disclosure applies from the start of the proceeding and continues until the proceeding is finalised.

Note:          Parties are also expected to comply with the duty of disclosure when complying with the pre-action procedures.

             (3)  The duty of disclosure also applies to a litigation guardian appointed under Part 3.5.

             (4)  This rule does not apply to a respondent to an application alleging contravention or contempt.



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