VIC Proper disclosure of financials

[Carlos Tomy]

Hi,
I'm currently going through the court thing to get some access to my kid and sort out financials as we can't agree on anything.

Like everyone it's a complicated case but here's a few details and a question:
- Child is very young (less than 2)
- Was wrongfully retained overseas last year, successfully applied and had child and mother returned to Aus.

Our solicitors have been going through the whole procedure and while there's not a lot of money involved, she initially disclosed one bank statement and super. On the bank statement though it showed transfer of $30K to a different bank account in her name (that I knew nothing about). It also didn't show any transactions for the time she was overseas.

The solicitor then sent a letter and asked about it and they then sent through statements for the other account.

She was trying to hide that money and has since spent it all (on lawyers mostly).

If I hadn't picked it up on the statement it wouldn't have been included in the disclosure. Now it is - so I guess the question is - is this against the disclosure rules? By the time it gets to trial or whatever it's probably all there, but the initial attempt to deceive - will that be included at trial?

 

[sammy01]

nope - family law isn't about innocent or guilty.... It is about fair and equitable distribution of funds and best interest of the kids.
The 30K is basically gone. She can argue she spent it on relocating OS.

If it had gotten to trial and you were required to ask the magistrate to order her to provide the info, that might have helped discredit her case.

 

[Carlos Tomy]

So the fact that she initially tried to conceal it can't be brought up at trial? I mean, it's just one of many, many, many things that go to her credibility, but I want to include as many as I can.

 

[Cairns123]

I think that much money when the pool is small is significant.
I also think that if you look up austLII cases nabel and nabel 2018, kyatt and Helman 2014 to start re disclosure and wastage

Judges all decide on the facts presented that are evidenced before the courts and it seems to me intreptation of the law is dependent on the judge presiding to some degree.

I’ve had one duty lawyer and another legal aid lawyer tell me in no uncertain terms several times I’ve got no chance, not to ask, I’m going to get a bollocking in court- then walked into court and had 11 of 13 orders ruled in my favour and an explanation why the others were held over for trial.

Disclosure is 101, non disclosure and intent to hide isn’t looked at lightly but honestly it depends on each case, how it’s presented, the argument by the other side and the judge on the day.

Personally I’d add it, specific to the rules of disclosure and also if you have evidence re wastage or diminishing that cannot be explained (particularly if from the money from the date of separation) that were expended prematurely they they can be notational add back to the pool (and then against the other party after settlement split is decided)if the judge allows and the evidence is there.

Not easy tho

If you’ve records that display the preseparation cost of living/ income against the post separation c.o.l. / income comparisons.

Not easy to hold up in court but the costs of taking the child os without consent and being required to return may be considered waste or diminishing the pool as that money is likely to be available to the date of trial otherwise.

 

[sammy01]

Include as many as you can.... If you want, but for what purpose. To show the magistrate that the ex is a liar.... OK. That is one way to play the game.... BUT it could also show that you and the ex can't get along and are unable to co-parent. If seeing the child is your priority then make your case around that, not about showing the world the ex is a liar...

Definately, as Cairns said, if you can show wastage, spending joint money frivilously can contribute towards a financial decision going in your favour, but spending the whole time proving to the world the ex is a liar is not going to help your cause

 

[Rod]

To sum up:

Yes, use that on the property orders you seek, while avoiding overt denigration of her in the parenting issue. That's not to say you shouldn't say she is trying to cut you out of your child's life.