What is called the “Duty of Disclosure” is a very onerous obligation placed on parties that is prevalent in property disputes.

The duty obligates parties to provide all relevant information and documents. What is relevant will change in each particular case.

The duty broadly requires any documents that are relevant and that are in control of that party. Documents that are 15 years old and are well lost, are less likely to be discoverable than say, bank statements issued 3 months ago by your bank.

Broadly speaking, disclosure requires:

1. Recent bank, loan & credit card statements;

2. Tax returns;

3. Superannuation statements;

4. Business documents, like financial statements, tax returns and business activity statements;

5. Payslips and contracts; and

6. Shareholding certificates, including cryptocurrency wallets and other investments.

That is not an exhaustive list and there would be matters where more disclosure is required. For example where there are trusts, international assets, complex investments or partnerships.

There are various consequences if disclosure isn’t provided, depending on the extent of the non disclosure. That would include, but not be limited to:

1. Court proceedings if the non disclosure is pre-litigation;

2. Costs orders once in court; and

3. If non disclosure occurred over an extensive period of time, potential adverse consequences at a trial which could potentially result in the non disclosing party receiving a less favourable result.

Disclosure is a very important step in the process and if you have issues with disclosure, you should obtain legal advice.