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Property Matter

Please advise.

We have separated more than 8 months. My ex-partner disagree in the property settlement. We have requested solicitors for help. My lawyer has requested the other side providing full and frank disclosure but they provided limitably documents and did not provide their client's statement accounts at the date of separation. Moreover, I understand she has an private account which I have sighted a statement of December 2007 showing a closing balance is over $20,000.

The other side do not want to provide the statements of this account and alleged that this account was closed 3 years ago. It is not true. Unfortunately, We can not request them to provide full and frank documents unless taking the property matter to the District Court. The cost of seeking the true is too expensive.

Are there any comprehensive measures forcing them to provide documents evidences to our request without taking the property matter to the District Court. I understand the judge awards the woman on the basis. What will happen in the event the judge find out their client is deceitfully in the property matter.

Thanks you.
If this is a Family Law issue why would this matter go to the District Court? The Family Courts are set up to handle property issues.

Yes you can ask for full and frank disclosure, the FamCourts also have appropriate forms for both sides to complete.

Your solicitors can even ask for a notice to admit facts.

The FamCourts can also issue (approve) subpoenas on your behalf to financial institutions. Unless there are very complicated trusts, the banks and associated super funds will just comply with the subpoena.

Most large financial institutions (Banking, Super) have departments that just deal with subpoena requests for financial information.

Executive Member of SRL-Resources, the Family Law People on this site (look for the Avatars) Be mindful what you post in public areas. 
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