Relates to section 79 FLA 1975
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
(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;
(ii) since the final separation of the parties;
(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.
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.
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