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NSW Property Settlement - Failure to Submit Discovery Documents?

Discussion in 'Family Law Forum' started by ForATime, 20 October 2015.

  1. ForATime

    ForATime Well-Known Member

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    What happens when a lawyer asks for the "discovery" documents (financial statements, balance sheet, etc) to be handed in by both parties and one does not comply with any information?

    Does time run out to make a claim on property settlement?
     
  2. AllForHer

    AllForHer Well-Known Member

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    Is there an existing court order to supply discovery documents? If not, the party in question isn't provoked by the lawyer to respond, though there is a duty of full disclosure in all property settlement matters.

    Time doesn't run out, but the party in question may find themselves facing an order of costs to be paid against them for unnecessarily delaying or frustrating proceedings.

    Does this help?
     
  3. JS79

    JS79 Well-Known Member

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    Dear For a Time,

    Like AllforHer mentioned, both parties are under a duty to provide full disclosure to the other side of all property settlement matters. If you have repeatedly requested discovery of documents that are relevant to the case at hand and they still refuse to provide them to your solicitor, you may be able to look at having them subpoenaed - where they are ordered to disclose them by the court.

    There are maximum time limits in NSW to do a property settlement - it needs to be within two years for defacto couples after their separation and for married couples it would have to be finalised 1 year year and 1 month after the divorce hearing.

    Good luck.
     

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