QLD Contravention of Disclosure Order - Now What?

[Complex16]

Hi all,

I have interim orders with respect to property and parenting matters and trial has been set down for later in the year.

To date my solicitor has been struggling to obtain the relevant disclosure documentation from the other party, despite an order of the court stating that we both must provide full and frank disclosure by a particular date. This date has now long passed.

The other party will provide bits and pieces but not the full disclosure that has been requested and my solicitor then has to continue to chase up - obviously at great expense to me. The other party will also provide disclosure documents that have already been provided and try and pass them off as "new".

Am just wondering if it is possible to file an application with the court (or contravention orders) to bring this to the attention of the judge?

We have previously attempted to settle with each party walking away with what we have however the judge refused to sign off on it and said it wasn't fair to me.

My solicitor is now advising (somewhat perplexingly) that I would be better off revisiting that agreement and again presenting it and discontinuing pursuing re property simply due to the other party's non-disclosure. They have also indicated that continued failure to disclosure will see them have to force it via subpoena etc.

The emotional side of me is of course screaming about why I should be expected to present the "walk away offer" again when the judge has already rejected it, and also why this is the option as a result of the other party not being able to follow/comply with the order?

The rational side is acutely aware of the cost to pursue - no point throwing good money at bad and I'm certainly not out to prove any points.

What am I missing? Thanks for any input...

 

[Imlost12345]

I have the exact same issue, so am following with interest. So far mine has been in front of the courts several times re disclosure, but little has changed, so we are going to trial with about 90% undisclosed by the other party. I have no clue what to expect and subpoena did not help.

 

[Complex16]

I have the exact same issue, so am following with interest. So far mine has been in front of the courts several times re disclosure, but little has changed, so we are going to trial with about 90% undisclosed by the other party. I have no clue what to expect and subpoena did not help.

Wow ok so I assume further orders were made that they must disclose and yet they didn't so you're moving ahead? I'm currently of the mindset to do the same, but wonder how the judge (or anyone for that matter) can make an informed decision without all the information? So frustrating!

Just out of curiosity, were you advised at all to just let it go due to the non-disclosure?

 

[Rod]

Make sure your lawyer documents the extra costs incurred because of non-disclosure. I'd also be asking for contempt of court to be considered. Read this: Application - Contempt - Family Court of Australia

Or you go after 100% of known assets on the basis the other party is hiding assets of equal or greater value.

 

[Imlost12345]

Complex 16, I subpoenaed some things from resources known with good results, hired a PI for a set period with set goals and provided information to help cut the costs as much as possible and got a great result.
But despite orders, and very angry judges at the other party, lack of disclosure is large.
Have an appointment with a lawyer to find out more about contempt before I go that route and prefer the idea of going for costs of my having to chase the info and leaving it to trial and showing the other party up for their lies with the evidence I’ve gained.
It’s on record already the lies with several things being caught at previous hearings.
Also document like crazy. I cc myself in every email, every communication and all mailed communications are by signature post. It’s stood me in good stead this far. If the courts ask, I can back up every word and they’ve tested me a few times and I’ve not blundered.
The other party still thinking I’m an idiot and keep testing. It’s interesting how it comes crashing down on them each time.
It may all go to the dustbin in trial and I fail, but I’ve been working hard and studying up as much as I can. I may fail but it won’t be from lack of preparation.