10 Comments Family & de facto law, financial agreements, consent orders
Failing to disclose means the court can assume that you have assets or have more than you disclose. They don't need an asset pool to make orders. If it's extreme it can come in as an s75 adjustment, or any order the courts deems fit.
Bottom line, there is unlikely to be any legal consequences for telling lies or not disclosing in the sense of perjury. It will come in the form of adverse consequences in settlement. In your example, they'd consider the evidence likely factor it in and possibly penalise for the lies.
If you mean a late trial affidavit, if it's a little late with a good excuse none. If it's submitted at the very last minute it is possible they might disallow it, but I'm guessing more than likely they'd let it through. If it's trial affidavit clearly beyond date I believe you can apply to go undefended which means only your materials are ou may be cross examined on them.
Can you explain to me why the legal system has such little consequences for the actions of such people that lie. I have followed all the rules and done everything asked of me and spent small fortune through the lawyers jumping through hoops they requested and writing so many letters asking for documentation. Why does the Australian Government have a law in place if there are no consequences. I thought coming back to Australia and filing here I would have been protected only to find I should have filed overseas where the consequences and ability to force documentation submission would have worked with me and not against me.
The trial affidavit was a little late with no excuses.
Cirrus 22 2016-03-16 21:48:48
The consequence is that a court can award you more of the pool for lies and deception, and in some cases may cover some of your legal fees.
Bank accounts - if you know they exist, statements aren't provided you can subpoena. You should have a long list of things like ATO returns, super statements etc you expect and you can ask them to provide these.
I believe if you know they have an account with a bank, but it's not disclosed you can still aim to get that information.
If they had assets, now gone, they cannot or will not account for the court can treat that as if it still exists.
Ask you lawyer abou the above including scope to get costs orders. If the amounts are not very large it would depend on what's worth doing relative to what you might get.
Why not perjury?
Because the intent element of perjury is hard to prove. Even harder in family law cases. For the court to be satisfied that a person has committed perjury, they must be satisfied that the accused intentionally misled the court. If the accused genuinely believes that what they said or wrote into their affidavit was true, or even true at the time, they won't be found guilty of perjury.
If a charge of perjury depended only on the word of one party successfully discrediting the word of the other, everyone in the system would be guilty of perjury. :)
Sonata 2016-03-17 11:58:30
None I know of. Also you can be given a certificate, not sure of the details, which would allow you to admit in the family court you lied about something elsewhere and it cannot be used against you. Also in theory they can admits they didn't disclose.
The fact is, as one lawyer said to me, affidavits are often full of lies but it doesn't matter unless you get to trial when the affidavits are used in evidence. Even then it's down to what's deemed relevant.
Even then it depends on chromosomes !
I have sent ICL the other parties 3 separate affidavits, 2 used throughout the FCCoA proceedings at various stages as well as 1 in the manipulation of the Magistrates Court in order for the DV method to begin it's insidious effect for her.
All supposedly describing the same event/circumstances......& ALL different !
Highlighted also to judge by updated affidavit at some stage.
ICL didn't even confirm she received let alone be moved to use some of that " forensic judgement/investigation " skill they are said to possess.
Wouldn't know judges thoughts as she never touched on it in her error laden reasons.
Then I was semi-expecting, after all predetermining a matter & attempting to weave a valid & just conclusion around that thought 2.5 yrs later,bound to happen.
On that point, anyone know what % of final orders are appealed ?