NSW Self incrimination and Property Settlements

[SunshineGran]

In common law matters, no one is legally obliged to incriminate themselves.

In family law settlements, each person is legally obliged to full and frank disclosure of financial matters.

What happens if full and frank disclosure of financial matters would result in self-incrimination? Is a drug dealer obliged to report their income from selling drugs or are they entitled to refuse to provide records because this extra income is tied to illegal activities?

 

[sammy01]

I doubt a drug dealer has kept an accounting book with which to be able to correctly report their income. drug dealer is gonna deny dealing hence deny the income.

 

[Rod]

Should the court want the information they can compel the drug dealer to provide evidence after providing a certificate of immunity to the dealer.

Though it will be interesting as to whether a court would allow the division of illegal funds as they may then be seen to be participating in illegal activity. Sorry, I am not confident as to how a court deals with this situation.