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F13 - Your Financial Statement

Relates to section 79 FLA 1975

F13 - The Holy Grail of section 79

This form is the most important form that you will fill in, in relation to section 79. You must get this form right. You must not underestimate your expenses or grossly over estimate them. You must be truthful.

This form is a mandatory form.*

It must be filed by a party to a financial case, such as property settlement, maintenance, child support or financial enforcement with the party's Application or Response (see Rule 13.04 below).  If you are aware that completing this form will not fully discharge your duty to make a full and frank disclosure you must also file an affidavit giving further particulars (see Rule 13.05 below).  The information you provide must be about your present financial circumstances. 

A failure to give full and frank disclosure has serious consequences. These consequences may include you:

 
  • having to file further documents;
  • having to pay the other party's legal costs;
  • being fined;
  • being charged with contempt of court.  

 Family Law Rules, 13.04: Full and frank disclosure
(1) A party to a financial case must make full and frank disclosure of the party's financial circumstances, including:

(a) the party's earnings, including income that is paid or assigned to another party, person or legal entity:

(b) any vested or contingent interest in property;

c) any vested or contingent interest in property owned by a legal entity that is fully or partially owned or controlled by a party;

(d) any income earned by a legal entity fully or partially owned or controlled by a party, including income that is paid or assigned to any other party, person or legal entity;

(e) the party's other financial resources;

(f) any trust


(i) of which the party is the appointor or trustee;
(ii) of which the party, the party's child, spouse or de facto spouse is an eligible beneficiary as to capital or income;
(iii) of which a corporation is an eligible beneficiary as to capital or income if the party, or the party's child, spouse or de facto spouse is a shareholder or director of the corporation;
(iv) over which the party has any direct or indirect power or control;
(v) of which the party has the direct or indirect power to remove or appoint a trustee;
(vi) of which the party has the power (whether subject to the concurrence of another person or not) to amend the terms;
(vii) of which the party has the power to disapprove a proposed amendment of the terms or the appointment or removal of a trustee; or
(viii) over which a corporation has a power mentioned in any of subparagraphs (iv) to (vii), if the party, the party's child, spouse or de facto spouse is a director or shareholder of the corporation;
 
(g) any disposal of property (whether by sale, transfer, assignment or gift) made by the party, a legal entity mentioned in paragraph c), a corporation or a trust mentioned in paragraph (f), that may affect, defeat or deplete a claim
(i) in the 12 months immediately before the separation of the parties; or
(ii) since the final separation of the parties;
(h) liabilities and contingent liabilities
 (2) Paragraph (1)(g) does not apply to a disposal of property made with the consent or knowledge of the other party or in the ordinary course of business.

(3) In this rule:


legal entity means a corporation (other than a public company), trust, partnership, joint venture business or other commercial activity.




Family Law Rules, 13.05: Financial statement
If a party is aware that the completion of a Financial Statement will not fully discharge the duty to make full and frank disclosure, the party must file an affidavit giving further particulars.



Filing Fees
Nil




Who you serve
Each party to the case





How you serve this form
To find out how to serve your documents see the Court's Service Kit for instructions.



More information
The
Duty of Disclosure and Family Law Proceedings. provides more information about a party's duty of disclosure.




In completing a Court form, you must*
For your assistance the Court has created this form in a Kit which provides information to help people completing it.

Complete the form by typing (eg. on a computer or typewriter) or hand printed in ink.



 NOTE:  Hard copies of all forms, brochures, kits and booklets are also available through anyFamily Law Registry. If you are interested in ordering bulk hard copies click to view information on ordering publications.


Last edit: by monteverdi


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

How to fill in your F13 - Page one

 I will go through the F13, question by question. I will explain, where possible, what to include and how much is acceptable.
You can find a copy of a F 13 financial statement at:


 
Filling in the form F13

Front Page - This is the easiest part of the form to fill in! on the top left hand side of the F13 it asks you which court you are going to file the document in. You are given 4 choices: Family Court of Australia, Family Court of Western Australia, Federal Magistrate Court of Australia and Other(specify). Put an 'X' in the box next to the court you are filing in. Filing means, where you hand in your document.

 If you are not sure, check any of your correspondence(letters) to see if they say what court you are in.

Below this question you will see Filed on behalf of: Under that it will have 'full name"; that means YOUR full name i.e. 'Leyton Orient London' not Mr. London, Leyton or L.O. London.

Under that there will be ' Mark 'X' in the box that applies to you". There are three boxes; Husband/father, Wife/mother and other(specify). Put an 'X' in the correct box!

On the top right hand side you will see a box that asks for your Client ID, File number, filed at, filed on, etc. Do not fill this in - it is for the court to do.

PART A - ABOUT YOU
You will find this under the 'Filed on behalf of' question.
Question 1 asks: What is your family name as used now? Family name is the same as surname. Using our ficticious Mr.Leyton Orient London, his family name would be London. His given names would be Leyton Orient.
Under that it asks for your residential address; that means where you live. Enter your full address in this box, including state and postcode.

IMPORTANT - DO NOT SIGN THIS FORM UNTIL YOU ARE IN FRONT OF A WITNESS AS LISTED BELOW
 Affidavit
Under 'part A, you will find the word Affidavit; followed by; I swear/affirm that: (a) I have read…..(b) The information in…..c) I have no income, property……
Underneath will be boxes that ask for your signature, place & date, Before me (signature of witness), Full name of witness(please print).

Underneath all this will be 3 small boxes next to Justice of the peace(JP), Notary Public and Lawyer. Get your witness to sign and place an 'X' in the correct box.
On the bottom right hand side it will ask: This financial statement was prepared by: The applicant, the respondent or the Lawyer. The applicant is the person starting the proceedings(the court action), the respondent is the person responding to their court action. Place an 'X' in the correct box.

You have now finished page one -go to 'How to fill in your F13 - page two'.





Last edit: by monteverdi


Executive Member of SRL-Resources, the Family Law People on the site (Look for the Avatars).   Be mindful what you post in the public areas. 
Just to add that as proceedings move through the court that it is possible to AMEND Financial Statements. Since matters can be in the court for some time one's financial situation is liable to change.
Being mindful that Subpoenas and Answers to specific questions along with Notice to Produce are available (conditionally) to ensure full and frank disclosure.

Last edit: by monteverdi


What is done for you, let it be done, what you must do, be sure you do it, as the wise person does today that what the fool will do in three days - Buddha

F13 Amended

Your F13 can be amended, as verdad said. I amended mine 3 times and it is still on going! You will even get the magistrate ordering new F13 if he/she thinks it is warranted. I shall cover all this and more in my next postings.

Last edit: by OneRingRules

How to fill in your F13 - Page two.

 F13 - Page 2

At the top left hand of the page should be the following: Part B Financial summary; Underneath this is the following wording: Important: As you complete the rest of this form you will be asked to transfer the totals for items D,G,I-L to this summary.
Question 2
A Your total average weekly income. (THIS FIGURE AT ITEM 16)
B Your total personal expenditure. (THIS IS THE FIGURE AT ITEM 33)
C Total value of property owned by you. ( THIS IS THE FIGURE AT ITEM 44)
D Total gross value of your superannuation. (THIS IS THE FIGURE AT ITEM 45)
E Total of your liabilities. ( THIS IS THE FIGURE AT ITEM 55)
F Total of your financial resources. (THIS IS THE FIGURE AT ITEM 58)

Do not fill out the answers of question 2, A to F until you have finished the rest of the form.

 Part C - Your employment details
Question 3 - What is your current occupation?
Fill out in the box provided what you do for a living, for example: Brick layer, pilot, student, unemployed.

Question 4 - Are you employed?
There are 2 boxes provided; one has No. Go to part D. the second box has Yes. Give details. Put a cross (X) in to the correct box.
Underneath there are 5 boxes marked Full time, part time, casually, permanently and on contract. Put a cross (X) in the correct boxes. For example Full time and Permanently or Part time and casually.

Question 5 - What is the name of your employer?
Put the name of your employer (the company you work for) in the box provided.

Question 6 - What is the address of your employer?
Put the address of the company/firm you work for in the box provided. Include the phone number.

Question 7 - How long have you been employed at this place?
This means how long have you worked for this firm/company; not how long you have worked at the address in question 6.

Question 8 - Are you self employed?
Place an (x) in one of the 2 boxes provided: Yes and No. Place the name of the business/company etc in the box provided.


Last edit: by monteverdi


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

F13 Finacial statements

Technically one does not lodge an ammended Finacial Statement. The correct process is to lodge a new one with the most up to date information. When you sign the statement your are swearing that the information is correct at the date of the statement.

Little details like this can be usefull, and quite valuable. Today we saved $9000 on the value of 2 vehicles because we pushed just that point. Rather than annoy the judge any more they simply conceded the point.



Sometimes hardball can be plyed in unusual ways!


For me - Shared Parenting is a Reality - Maybe it can be for you too!

Ulysses

  Hi, I'm new to this, so please bear with me.

I am about five weeks away from a "Trial Notice" hearing.  My spouse has submitted a Financial Statement which on the evidence obtained by court order, regarding Probate and her inheritance, was understated by at least $500,000.  As my wife was co- executor of the will, I have no reason to believe the schedule of assets in relation to probate are more accurate than her financial statement.

I have requested her solicitor provide  documentation in regard to verification of the accuracy of the probate. I have been completely ignored.

My question is: can I get an interim order to obtain the documents, and what forms do I need to fill in. or should I wait for the next hearing and raise the matter with the registrar ?

Unfortunately the facts of my case are without any legal precedent, so I find I am entering a Black Hole. 

Is there anyone out there  experienced in dealing with a respondent who is determined not to make a Full and Frank disclosure and is supported by her solicitor in this endeavour.

I would appreciate if anyone can point me in the right direction.

Last edit: by ulysses


Philosphy consists of questions that may never be answered.  Religion consists of answers that may never be questioned.   The Law Consists only of questions to which the answer must be known

Half a million bucks

I would issue a subpoena for her bank records and probate records. Call the 1300 number for the court's advice. It is normal for her lawyer to ignore you - they will hope you give up.
Contact me privately - I need to know more.
 

Executive Member of SRL-Resources, the Family Law People on the site (Look for the Avatars).   Be mindful what you post in the public areas. 
Some husbands had them ulyesses.
Firstly, is it a Pre-trial hearing or Trial hearing that is set down?
My observation is that from a Pre-trial hearing the matter goes to a conciliation conference wherein an evaluation in respect of the matter being ready for trial is considered. As you have detailed your state of play your matter is not ready for trial.
Having requested information and your not receiving a response does establish grounds for you to file a Subpoena. What you subpoena has to be precisely worded to net what is required and not be so wide that it is not allowed.
Another option that is available is an Application in a Case where you argue for orders in respect of directing the disclosure of documents related to the probate procedure.
There are seminar papers written by a current judge and mediator that address:
"Initial Contribution, Gifts, and Inheritances in Family Law Property Cases". These documents are found in the Sydney Law Library, associated with Sydney University Law Research.
The dates of events are quite relevant.
There are legal precedents for many issues that can be searched on Austlii.
I have common interest in your issues.
Monteverdi's steps ought to be effected simultaneously.

We learn, by sharing

What is done for you, let it be done, what you must do, be sure you do it, as the wise person does today that what the fool will do in three days - Buddha

Financial summary F13 page 3 questions 9 -16

At the top of the form should be: Part D Your income

Question 9 -Total salary or wages before tax.
Note that they want to know the weekly figure before tax. This figure is usually called a gross figure. If you look at your pay packet you will see a figure some where, which states before tax. If you get paid monthly, multiply this figure by 12 and then divide by 52;this will give you a weekly figure. Note there are more than 4 weeks in a month!
Example: You earn $4,000 a month before tax. 12 x 4,000 = 48,000. Then 48,000 divided by 52 = $923.08 per week!
Place this figure in the box next to question 9.

Question 10 - Investment income (before tax)
In the boxes provided they ask what the income type is. eg. rent (from investment property),interest (from bank or credit union savings),tenant ( do you rent out a room?) and share dividend.

Question 11 - Income from Business/partnerships/Company trusts
In the box you will find the following: Name of business/partnership/company/trust.
In the box with the dollar sign ($) in it, place the amount you receive.
 You simply enter the name of the above in the box provided. Example: Leyton Orient Barrow Boys Ltd
Type of business
Example: Second hand car dealer.
Address of business/partnership/company/trust.
Example: 10 Altobelli Road, Nicholson 2666 NSW.

Question 12 - Goverment benefits
In the box there is the following:
Type of benefit (twice). Enter in to the box the name of the benefit. In the box with the dollar sign ($) in it, place the amount you receive.
example: $225 (remember it is a weekly figure)
Example: Newstart Allowance.

Question13 - Maintenance/Child support
In the boxes provided you will find the following: Paid By(Father Leyton Orient) and for the benefit of(child Leyton Junior). There will also be a box in bold which says: $ required to be paid and next to that is a box that says: Actually Received. Enter the correct amount in to both boxes. Example $200 ( remember it is a weekly amount).

Question 14 - Benefits from employment/business
What benefits do you receive from work? Free rail ticket, free lease car etc I will look in to this to check on share plans and novated lease cars.

Question 15- Other income
Do you recive any other income not declared under the previous question? If so, declare it here. Place total in the box $.

Question 16 - Total average  weekly income. write the item16 total at item 2A on page 2 of this form
You need to add up all the weekly income amounts and place in the box at the bottom right hand side of page 2. You then need to place this figure in the box marked item  question 2A on page 2.




Last edit: by monteverdi


Executive Member of SRL-Resources, the Family Law People on the site (Look for the Avatars).   Be mindful what you post in the public areas. 
My case in WA, involves residential property, major mortgages and a bought and failed-back business.

At the initial Procedural Hearing the Respondent appeared but had not lodged any response to our Initiating Application. Orders were issued to urgently respond. The orders spelt out in detail the full financial disclosure requirements including personal and business tax, BAS, etc.

A response was delivered on the ordered deadline but asked for dismissal of the case and noted a weekly wage, rent, some old tax data and essentially no significant financial information.

We have now issued an Application - Contempt on the basis of failing to disclose initially and again in the face of direct orders. Our affidavit noted specific and general items known to be omitted.

Contempt may seem harsh but the initial application flagged an expected issue as we included an interim order: "Orders that may be required to ensure parties fully disclose direct and indirect financial resources."

A hearing has been set for 4 April 17.  Watch this space.

Moderator Comment:  Yes, we will be watching this space
 
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