QLD How to Re-Open Property Settlement Case?

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Maggie698

Member
17 January 2017
2
1
1
Hi,

I wish to reopen orders of property settlement that were finalised last July 2016. It was brought to my attention that the other party did not disclose all of his financials. I also now have evidence showing amounts that he has deposited, e.g. $200,000+.

Is this fraud? How do I go about doing this? Can I apply to the court on my own? Is there some sort of application process to reopen?
 

Hayder Shkara

Lawyer
LawConnect (LawTap) Verified
16 January 2017
121
25
454
Sydney, NSW
www.neatlaw.com.au
Hi Maggie, just because he has deposited money in his account, doesn't mean that his declaration was fraudulent. He could of very well lied in his financial disclosure, but what evidence do you have of this?

When you are making a property settlement - it is the duty for each party to disclose all of their property and assets.

If you fail to disclose or file an undertaking or file a false undertaking, the Court may:
  • stay or dismiss all or part of your case
  • order costs against you
  • fine you or imprison you on being found guilty of contempt of court for not, or disclosing the document or for breaching your undertaking.