WA Family Court - Requesting Documents Previously Provided through Solicitor?

[JessicaL90]

Hi,

My ex has initiated a financial claim in the Family Court, and has requested disclosure of a number of documents (a lot of which I have previously provided through lawyers when we first separated 18 months ago). I am happy to provide the requested documents, but have also requested that she provide a list of documents to me.

My problem is that at this stage I am representing myself due to financial circumstances. Through her current lawyer, she is stating that she will only provide the requested documents that she has not already provided through former solicitors. Is she legally obliged to provide these documents again/is there a way I can get her to provide them, or do I have to track them down through my lawyer who no longer represents me? Also, if this is the case, am I able to also advise she do the same in regards to the documents I have previously provided?

Thanks in advance.

 

[Blessing]

Have you both changed solicitors?

If she provided some disclosures to your previous lawyer, yes you can contact your lawyer to give you all the materials relevant to your matter.

 

[JessicaL90]

Have you both changed solicitors?

If she provided some disclosures to your previous lawyer, yes you can contact your lawyer to give you all the materials relevant to your matter.

Thank you for your reply. yes she has also changed solicitor since we both initially provided documentation 18 months ago.

So what you are saying is, seeing as she has previously provided these documents to my solicitor, I cannot request the same documents from her again and I have to get them from my previous lawyer?

 

[Blessing]

You can ask just as she has asked. But on the other hand, you can also just get them from your previous solicitor as so can she.

Technically speaking you have both provided disclosure 18 months ago. There may be additional ones that need to be provided. Both of your previous solicitors cannot refuse to give you all the materials that were relevant to your matter, generally speaking, thats what they should do when they stop representing you midway through the matter.