Commonwealth Numbered Regulations

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FAMILY LAW RULES 20042003 No. 375 - 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 of the value of 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.



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