6 Comments Family & de facto law, financial agreements, consent orders
Sorry, another question.
List of discoverable documents, and documents supporting the affidavit, do I need to provide on of each even if one same document forms a list of discoverable documents, and is a document supporting my affidavit?
Eg. A letter from my solicitor stating something that is untrue, should I supply two copies of this letter, or one. I know the solicitor can photocopy, but if two are required, I'd rather print hem out myself....
My understanding. Your financial position is summarised in your Form 13. You should have provided things like tax returns, bank statements etc, already. Those items form part of the documents that you have provided, and which you would take copies of to trial, and which have been listed as documents provided, They would usually not be filed with the court, you have simply exchanged them with the other party.
Whether things like say a car valuation go with the form 13 or your affidavit I'm not sure, but let's assume you mention you own a car bought in 2015 for 5k, now worth 2k, you'd include your purchase invoice and a car dealers current valuation in your affidavit.
My advice to anyone putting together a list of discoverable documents:
Ask your lawyer what the compulsory period for bank statements is. If you separated years ago, it may not be necessary to provide most recent statements. Make it clear to your lawyer, in writing, that you have electronic versions of all statements, so that when the other party asks for your statements they are not having to unstable and photocopy, or scan hundreds of pages. I learned the hard way
Proof read the list of discoverable document before your lawyer submits it, and if there is anything that is irrelevant to the case, ask them to remove it from the list. Because the changes are, your ex will ask for them, just so that it ends up costing you more in legal admin fees.