Disclosure - anomaly between family law 12.02 and federal circuit law 24.03

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grant.w

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11 August 2021
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here's a funny one. With disclosure, in a family property matter, there is an interesting anomaly... family law rule 12.02, for a corporation (etc) states a copy of the financial statements for the 3 most recent financial years, however the circuit court rule 24.03 referring to the same part of disclosure states copies of the 3 most recent financial statements and the last 4 business activity statements lodged by the partnership, trust or company. Ignoring the part about BAS statements, just looking at the financial statements, we have "3 most recent financial years" which you would assume are the 3 financial years just past... however "3 most recent financial statements" could mean 3 years from a decade ago... if financial statements hadn't been prepared for some time, for example an entity that doesn't report any more, for whatever reason (such as a entity that doesn't trade). Very ambiguous! Any thoughts out there?