Commonwealth Numbered Regulations

1984 No. 425 FAMILY LAW RULES - ORDER 17 RULE 2

2. In proceedings to which this Order applies, the applicant and the
respondent shall each file-

   (a)  a statement of financial circumstances verified by affidavit, in
        accordance with Form 17; or

   (b)  an affidavit as to financial circumstances setting out-

        (i)    the property in which the deponent has a legal or equitable
               interest including, without limiting the generality of the
               foregoing, real estate, bank accounts, shares, insurance
               policies, money owing, cash, chattels and other personal
               property, together with itemised estimates of the value of the
               interest of the deponent in that property, and the basis on
               which those estimates are arrived at;

        (ii)   the superannuation rights of the deponent, including the
               benefit on immediate retirement, on retirement at the minimum
               permitted age, or compulsory retirement, on death before
               retirement and on retirement as a result of incapacity and the
               name of the fund, the years of the deponent's membership and
               the total amount of the personal contributions of the deponent
               during cohabitation and to the date the affidavit is sworn;

        (iii)  the present or future interest of the deponent in any deceased
               estate or trust, specifying the name and address of the
               trustees of such estate or trust and the value of the interest;

        (iv)   any trust to which the deponent has at any time made any
               contribution or disposition and to which any, and if so which,
               party or child of the marriage is a beneficiary, or from which
               any, and if so which, party or child of the marriage has
               received any benefit and whether any such benefit was paid or
               given pursuant to the provisions of the trust or at the
               discretion of the trustees;

        (v)    any trust in respect of which the deponent-

   (a)  has any control, either direct or indirect;

   (b)  has the power, directly or indirectly, to remove an existing trustee
        or appoint another trustee; or

   (c)  is settlor;

        (vi)   the present gross weekly income of the deponent and the gross
               annual income of the deponent as shown in the last income tax
               return furnished by the deponent, and the source or sources of
               that income;

        (vii)  the debts and financial commitments of the deponent, including
               commitments of a capital or of a recurring nature and, in
               respect of commitments of a kind incurred under hire-purchase,
               leasing, chattel mortgage or similar agreement, the number and
               the amount of the payments or repayments outstanding, together
               with the amount (if any) of any residual, transfer or other
               amounts to be paid in relation to the conclusion of such
               agreements;

        (viii) the qualifications for employment and capacity of the deponent
               to earn income;

        (ix)   the financial particulars of the living arrangements of the
               deponent with any other person with whom the deponent shares
               accommodation;

        (x)    the property, income, financial resources, debts and financial
               commitments of the spouse, or former spouse, of the deponent,
               so far as they are known to the deponent; and

        (xi)   the capacity of the spouse, or former spouse of the deponent to
               earn income, so far as it is known to the deponent.