Undertaking as to disclosure

Rule 6.02 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 requires each party, but not an independent children's lawyer, to file a written notice in the approved form stating that they have read section 71B or 90RI of the Family Law Act 1975 and Parts 6.1 and 6.2 of the Rules, that they know their duty to give full and frank disclosure, and undertaking that they have complied and will continue to comply with it. The notice must be filed before the first court date unless the court orders otherwise (r 6.02(4)). Making a statement or signing an undertaking that the party knows, or should reasonably have known, is false or misleading in a material particular is an offence (r 6.02(2)), and breach may also be a contempt.

When you need it

• You are a party to a parenting or financial proceeding in the Federal Circuit and Family Court (the duty of disclosure applies to both, r 6.01).
• You are approaching the first court date and have not yet filed your undertaking.
• Independent children's lawyers do not file one.

1. 1

   Heading

   Mark the court and give your client ID, the file number and the next court date.

2. 2

   Part A: your name

   Give your family and given names as used now.

3. 3

   Part B: read the notice and undertaking

   Before signing, read (or have read to you) s 71B (marriages) or s 90RI (de facto relationships) of the Family Law Act if property is involved, and Parts 6.1 and 6.2 of the Rules. Part B confirms you have done so, understand your duty, have complied and will keep complying until the case ends.

4. 4

   Sign with a witness

   Sign and date the undertaking in front of a witness, who signs and prints their full name.

5. 5

   Part C: lawyer's certificate

   If you have a lawyer, they sign the certificate confirming they explained the undertaking and the consequences of breaching it.

• File before the first court date unless the court orders otherwise (r 6.02(4)).
• eFile on the Commonwealth Courts Portal; if you cannot eFile, file at a registry.
• Serve a copy on the other party or parties by ordinary service.

• The duty continues to the end of the case (r 6.01(2)). If new documents or a change in circumstances come up later, disclose them.
• False or misleading undertakings carry a penalty of 50 penalty units under r 6.02(2), in addition to contempt and costs consequences.
• In financial cases, disclosure includes tax returns, superannuation information and business records listed in r 6.06.