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Farrar Gesini Dunn Family Lawyers

I got Pregnant from a Tinder Date – Help!

There can be a big difference between becoming pregnant when you are in a relationship as opposed to when you are single. But does that mean anything changes in relation to family law and your rights as a parent?
In an article by Kellie Scott of the ABC, Tessa Dijkgraaf spoke about her experience of falling pregnant after a Tinder match. Her and her Tinder match were not in a relationship and they did not intend to enter into an ongoing relationship. The article discusses how she told the father and his reaction, as well as the criticism she experienced about being single while pregnant. If you want to read more about her experience you can read the article here.
Tessa spoke of a social stigma around women who are single during their pregnancy, and about families that don’t fall into the category of the traditional family unit. For example, in the article she says that she received a lot of comments that “it’s not fair on the child if the father’s not around” and people asking her about whether she would terminate or not.
It is important to know that family law in Australia does not reflect that stigma. The law about parenting and child custody applies whether or not people are in a relationship when they fall pregnant, and it applies the same in respect to mothers and fathers.

Where parents are working together or agree on the custody of their child they may not need to worry about what family law says or doesn’t say about their parental rights, or what family lawyers say about their circumstances. And that’s the case for all parents and families, not just single mums or dads-to-be.
However, when you don’t have a pre-existing relationship with the other parent it may be more of a challenge to understand where they are coming from in terms of decision making for the child. This might also make it more difficult for you to work together to reach an agreement, be that an agreement about what type of nappies to use or a child custody agreement.
If you are pregnant or expecting a child, or if you already have a child or children, and have questions or concerns about what the law says about the care of your children come speak with one of our team of family lawyers in our Melbourne office, or ask us about our other offices Australia wide.
Millie Enbom-Goad is a solicitor in our Melbourne Office.

Disneyland Parenting

There are plenty of ways to sabotage your child’s relationship with your ex following a divorce or separation. Many are overt and deliberate, like openly denigrating the other parent in front of your child. Some are more subtle, and even occasionally inadvertent, like contradicting the rules or boundaries that were set for the child during the relationship.
One such method of undermining your child’s relationship is Disneyland Parenting. This is when one parent goes overboard to indulge a child in an attempt to “buy” his or her affection. This isn’t necessarily a trip to Disneyland or a new pair of Nikes, it might be movie marathons and ice-cream every night or scrapping bedtimes altogether. The aim of this method is usually some combination of:

Wanting the child to indicate to the other parent that they enjoy spending time with you or increase the amount of time they spend with youWanting the child to draw a negative comparison with the time he or she spends with your ex; and/or;To cause friction in the relationship between the child and your ex.
As lovely as the term sounds, Disneyland parenting is one of the more insidious ways of undermining your ex’s parenting. Experts and the Judiciary in family law take a dim view to this approach to parenting. What might appear a victimless crime at first, actually has the potential to cause enormous harm to the parenting relationship and potentially to the child.
It is important to remember that the experience of a child in the care of a Disneyland parent might be fairy floss and rainbows, but it’s artificial and ultimately unsustainable. It is also extremely disruptive and disorienting for a child whose affection is being treated as the subject of competition between the parents.
It is important to remember that the end of the romantic relationship between you and your ex, marks the beginning of a new chapter in an ongoing parenting relationship. The relationship doesn’t have to be friendly, but it must be functional and cooperative for the sake of the child.
Competition is the enemy of co-operation.
Maintaining boundaries for your child might not always be fun, but parenting isn’t supposed to be. Overindulging your child as a means of winning their affection or weakening their bond with your ex will end in tears when the sugar high wears off.
you’re having trouble cooperating with your ex and you would like to explore techniques for building a healthy and cooperative parenting relationship, consider speaking with one of FGD’s in-house Family and Child Specialists. You can reach us on 03 8376 7000 or send us a message.

4 Tips to Financially Survive a Divorce

Most couples don’t plan for divorce, but the fact is, one in three marriages in Australia end. It’s a financial stress that most people aren’t prepared for, but when it does happen they want the process dealt with swiftly.
There are no winners in a marriage breakdown, but you do need to take the time to set yourself up financially for the future. The last thing you want is to look back in five years’ time and realise you short-changed yourself.
It is no secret that financially most couples are not equal. With almost half of divorcing couples having children (47.5%), it is highly likely that one partner has taken time out of the workforce. Whether it is for short-term parental leave or longer, this can have a significant impact on their current financial situation and future earning capacity. We just need to look at the numbers around superannuation, with women expected to retire with $200,000 less super than men.
The average age of divorce has gone up over recent years, with the median age for men and women being 45 and 43 years respectively. There has also been a rise in couples divorcing in later years known as “grey divorce”. This often occurs when children leave home, or the couple enter retirement and start spending more time together, only to realise they’ve grown apart or lack common interests. For others it could be involuntary, with their spouse finding someone else. Often grey divorce creates a more complex financial situation than it does for their younger counterparts, as their days of wealth creation are far behind them.
A common situation we see for divorce in this age group is where one partner was the sole or primary income-earner, and potentially controlled the couple’s finances, throughout the marriage. In contrast, the other partner spent 20 years raising children. These circumstances create an uneven financial situation.

If you are considering divorce or your marriage has broken down, here are four tips that may help you to survive financially:
1) Get expert advice
Selecting the right professional partners to guide you through this process is paramount. No matter how amicable your divorce, having an experienced, unbiased professional looking out for you and your best interests will help reduce stress and ease the burden. A good family lawyer is a first step, followed by an experienced financial planner to help get your finances in order and prepare a plan for your new future.

2) Understand your finances
One of the most challenging aspects of divorce is sorting through the finances. It is fundamental that you understand your current financial position. Once done, you can set your financial goals and plan how to achieve them. You need to consider your earning capacity and expenses to create a cash flow plan that will support your lifestyle.

3) Think beyond the family home
Most often the biggest assets to divide in a divorce are the family home and superannuation. A lot of focus (and angst) is spent on reaching a settlement on the family home. Of course, this is important, but often it comes at the expense of other substantial assets, such as superannuation. With women already expected to retire with significantly less superannuation, time out of the workforce and future earning capacity need to be taken into account. How this asset is divided should not be overlooked.

4) Insurances & Estate Planning
Following the breakdown of a marriage, many people re-evaluate who should benefit from their estate in the event of their death. Discuss updating your will and power of attorney with your lawyer to ensure that your interests are protected, and that your intended beneficiaries will benefit from your estate. Additionally, update insurances to ensure you and your loved ones are still protected appropriately.
General Advice warning
The information provided in this blog does not constitute financial product advice. The information is of a general nature only and does not take into account your individual objectives, financial situation or needs. It should not be used, relied upon, or treated as a substitute for specific professional advice. Apt Wealth Partners (AFSL 436121 ABN 49 159 583 847) recommends that you obtain professional advice before making any decision in relation to your particular requirements or circumstances.

Children and Mental Health in the Family Court Process

It is no secret that mental health issues are prevalent in the Family Court system. This is not only as a result of domestic violence, but a variety of factors including social isolation, loneliness, severe or long-term stress and high-conflict arguments between parents and children, all of which can occur during Family Court proceedings.
The Family Courts have pointed out that mental health is rife in matters where there are concerns for the care of children of a relationship, yet the issue as a whole should not be overlooked.
In response to maintaining positive health and wellbeing, an online counselling service, The Relation Space Online, has recently launched a virtual therapy program. The program targets both parents and children undergoing divorce proceedings with the aim of easing any mental health issues that can and do arise from family law disputes.
One of the greatest assets of the therapy program is that it is purposed to assist children who are exposed to prolonged conflict to manage potential mental and relationship problems that statistically arise, by addressing the issues through a series of interactive learning curricula.
Children are particularly vulnerable in circumstances where their parents are separating and they can react in unusual ways depending on their age, character and the level of dispute between the parents. It is pertinent that your children are encouraged to talk to you about how they may be feeling, and any emotions that they are finding difficult to deal with.
Both you and your ex-partner should:
Confide in other adults as opposed to children for support, such as a friend or relative;Eradicate any arguments you may be having in front of the children;Reinforce your child that nothing is their fault;Speak positively about each other in front of the children.
A happy and healthy family life, whether you are separated or in the process of doing so, is imperative when attempting to avoid mental health issues throughout the Family Court journey.
Here at FGD, we have a variety of experienced family lawyers who can help you with your separation, alongside our in-house Child and Family Specialist. We are available to offer you and your children the emotional support and answer any questions that you may have along the way to try to reduce the impact upon you and your family, of separation or the Court system.

Does Australia have a death tax?

The recent Australian election included a lot of discussion about a ‘death tax’. This led to a lot of debate and confusion.
So, you might wonder, if you die, does your estate have to pay an extra tax? The short answer is ‘no’.
Death taxes, sometimes called inheritance taxes, are common in other countries such as the UK and Japan. Australia used to have an inheritance tax but abolished it in the early 1980s. This is why you still see a reference to ‘death duties’ in some Wills.
That does not mean that an estate and its beneficiaries completely free from tax consequences. There are a range of other taxes and levies that apply to assets passing to dependants or beneficiaries by way of an inheritance from a deceased estate that can feel like an inheritance tax.

Superannuation Death Benefits
Superannuation death benefits tax is a tax liability that arises as a result of the death of the policy holder so it is, in effect, a death tax.
First, some context. What you might think about as ‘your’ superannuation does not, technically, belong to you. It is held on trust for you by the trustee of the superannuation fund and is released when you reach a condition of release. Death is a condition of release.
So when someone dies as a member of a superannuation fund the trustee of that fund is obliged to release the superannuation either in accordance with a valid binding death benefit nomination or as decided by the trustee in their discretion. This is a big topic and outside the scope of this article. You can find more information here.
The people who can receive superannuation directly are anyone who meets the definition of ‘superannuation dependants’ or your estate.
If the trustee of the superannuation fund decides to pay it directly to a person who meets the definition of ‘superannuation dependent’ then the trustee will assess whether that person is a ‘death benefits dependant’. If they are, no tax is payable. If they are not, then tax will be payable.
If the trustee of the superannuation fund decides to pay it to the estate, the executor or administrator is liable for the tax and must assess whether the ultimate recipient is a tax dependant. This is a potential risk for the executor or administrator.
The definition of ‘death benefits dependant’ is similar to ‘superannuation dependent’, but is different in some critical ways.
If tax is payable is then the amount of tax that is payable can be tricky. It depends on how your fund is set up. Essentially, it is broken into a tax-free portion and a taxable portion.
The tax-free portion is never taxed when it comes out of superannuation irrespective of who it is paid to. The taxable portion is broken into the taxed element and the untaxed element. The taxed element was taxed when you paid it into super at 15%, so it is taxed coming out at 15% plus the Medicare levy.
The untaxed element was not taxed going in so it is taxed coming out at 30% plus the Medicare levy. The major variable is the proportion of your superannuation death benefits that are tax-free, taxed and untaxed.
It is incredibly important to consider who you are nominating as a beneficiary of your superannuation fund. With a bit of careful estate planning, you can minimise the tax consequences of superannuation passing to your intended beneficiaries.
Some examples will help to clarify how it works.
Example 1:
John is married to Jane and they have three adult children. John’s superannuation account has member balance of $500,000 and an associated life insurance benefit of $1 million.
When John dies, Jane received the whole of John’s superannuation directly. This was possible because she is a superannuation dependant. Jane did not have to pay any tax because she is a death benefits dependant.
Example 2:
John and Jane are divorced, and have three adult children. John’s superannuation account has member balance of $500,000 and an associated life insurance benefit of $1 million.
John nominated his children as beneficiaries under a death benefit nomination. This is a valid nomination superannuation dependants. However, they are not death benefits dependants. So, they will have to pay tax.
Assuming the tax-free portion of his member balance is $200,000, then remaining $300,000 would be taxable at up to 15% plus the Medicare levy and the insurance benefit is taxable at 30% plus the Medicare levy. In this example, the total tax bill could reach $370,000!

Capital Gains Tax (CGT) on Inherited Assets
A person who inherits a CGT asset (such as property or shares) also inherits the relevant cost base. If a CGT asset is sold within the estate, then the CGT is payable by the estate. It follows that if you are inheriting or selling CGT assets as part of a estate, it pays to think about CGT.
CGT was introduced on 20 September 1985. Whether you will be exposed to CGT now or in the future will depend on the answers to the following questions:
If the property was purchased by the deceased before or after 20 September 1985?Was the property the deceased’s main residence just before they died?Are you selling the property 2 years after deceased died?Was the property was used by the deceased to produce income? Are you using the property as your main residence? Are you using the property to produce income?
There is a handy flowchart on the ATO website where you can work out if you would be exposed to CGT.
The rules in relation to this can be complex, with specific exemptions available in some situations, so you should always consult with a qualified tax professional regarding the potential CGT impacts based on your particularly circumstances.

Taxation of Income Derived from an Estate
Any income you are entitled to as a beneficiary of an estate is assessed as normal income.
This could potentially increase the amount of income tax you need to pay. An important thing to note is that the tax on entitlement is assessed in the year the entitlement arose, rather than the tax year in which you received the income.
If you have concerns about this and know that you are going to be a beneficiary of an estate, it is important to seek expert advice regarding how it could affect your tax affairs.
It is also crucial for executors to seek legal and tax advice regarding the most effective way to distribute assets.

Estates and inheritance tax is an extremely complex topic. If you’re finding yourself lost in all the technicalities, we’re here to help. We have an expert team of estate lawyers and advisory professionals who work together to achieve the best outcome for you.

Financial Literacy and Separation

When you are in your mid-20s you start to wish that they taught you in high school how to cook proper food and do your taxes. Home economics obviously wasn’t taught at my school and tax really has nothing to do with Maths. Surprise, surprise that bit of an Arts degree I did alongside my Law degree didn’t help that much with my adulting skills either. Who knew French literature would be of so little practical use?
What many of us may not realise is that financial literacy is a problem for a huge percentage of women in Australia. A recent article I read by SBS “the Feed” and written by Ella O’Shea discusses this issue of financial literacy and the findings from a survey undertaken by the Household, Income and Labour Dynamics in Australia (HILDA). That survey found that only 35% of women were able to answer the five questions relating to financial literacy correctly, compared to 50% of men.
The questions were:
Suppose you put $100 into a no-fee savings account with a guaranteed interest rate of 2% per year. You don’t make any further payments into this account and you don’t withdraw any money. How much would be in the account at the end of the first year, once the interest payment is made?Imagine now that the interest rate on your savings account was 1% per year and inflation was 2% per year. After one year, would you be able to buy more than today, exactly the same as today, or less than today with the money in this account?Do you think that the following statement is true or false? “Buying shares in a single company usually provides a safer return than buying shares in a number of different companies.” (True or false?)Again, please tell me whether you think the following statement is true or false: “An investment with a high return is likely to be high risk.” (True or false?)Suppose that by the year 2020 your income has doubled, but the prices of all of the things you buy have also doubled. In 2020, will you be able to buy more than today, exactly the same as today, or less than today with your income?
How is this related to family law? If 65% of women are struggling with financial literacy, then they are probably relying on someone else, such as a partner, to help them with their day to day financial tasks such as choosing a bank or a bank account and investing income smartly.
That’s all well and good while you and your partner are still together but what happens when you separate? It’s not surprising then that many women get a shock after separation when they are faced with having to make hard financial decisions. In circumstances where many women may continue to be primary carers for their children, it’s even more important that they make the most of every dollar they receive.
By the way the answers are 1) $102 2) Less 3) False 4) True 5) Exactly the same.
At FGD we are family lawyers, and we can give you family law advice, but we also recognise that you need advice and assistance from other professionals along the way. If you are going through a separation, or thinking about separating from your partner, come and see us and we will make sure you have assistance for all aspects of your separation.
Read the full article from The Feed here if you want to know more. If you are separating, or have recently separated and need some family law (and financial) advice, get in touch with us now.

Which family lawyer is right for you?

How do I Choose my Family Lawyer?
Separation can be one of the most stressful and emotionally
charged experiences in your life, where you will need to think clearly and make
big decisions about your future (and in some cases the future of your children).
It’s not something that you would want to get wrong, and the right guidance can
go a long way to obtaining a successful outcome.
So, how should you go about choosing a family lawyer?

Collaborative
Approach
If your lawyer is talking about taking you to Court before
they’ve asked you what you really want out of their time with you, this should
send alarm bells ringing.
Unfortunately, there are many in the industry who don’t take a collaborative approach to family law practice. This often costs their clients more in legal fees and time in the long run, especially if their matter ends up in Court.
Lawyers that take a collaborative approach aim to help their
clients reach an agreement with the other side. They try to keep their clients
out of Court whenever possible.
As specialist family lawyers, we were the first firm to
bring Collaboration to Australia, which is a process where all parties
sign an agreement not to go to Court and conduct a series of collaborative
meetings in order to reach a mutually suitable agreement.
We also offer innovative services, such as Settle by Sunday which allows you and your ex to work together to reach agreement and draft your documents all in a single weekend with the help of all the experts you need. This allows you to have control of both your personal time and outcome – it also costs significantly less than if you negotiated over an extended period of time through lawyers.
Specialists
Choose a firm that specialises in family law. This may seem
obvious, but we often encounter other parties who have engaged a generalist
lawyer or a lawyer that specialises in a different type of law who only
practises family law on the rare occasion.
A specialist in family law is going to be your best chance
at success in getting an outcome that suits you at a fair price. Most of our
lawyers are practising family law every single day, which makes them the best
at what they do.
Reviews
Most firms will have reviews on Google, Facebook and their
website. You should look at a combination of these to get a big picture view of
what their clients say about them.
Firms with a large number of reviews and a good spread of
feedback are likely to be more established and reputable.
However, the best indicator of quality is getting a direct
recommendation from someone that you know. Online reviews are sometimes
difficult to pick apart, so we recommend that you speak to a reputable lawyer
or other professional you know to ask for a family law specialist, or a friend
knows a good family lawyer.
Bringing in the Right
Expert
Knowing when to bring in an expert is a good indication that
your lawyer has your best interests in mind.
In complex cases, having as many eyes on your matter as
possible means that we can tackle the issues from many different angles.
For example, in cases involving the family business, a large property pool, companies or trusts, our clients benefit from our top-tier accounting and business advisory team who are accustomed to servicing high-net worth clientele with complex business interests.
Our Child & Family Specialist assists our clients in dealing with the emotions attached to the separation and assist your lawyer in formulating evidence and a strategy for your matter. Our specialist will also assist you with formulating a plan for your safety in family violence situations.
Price
It is common knowledge that lawyers have hourly rates and
charge in 6 minute increments. However, comparing lawyers by their hourly is
usually risky as you may not get the same value or efficiency from a lawyer
with a lower hourly rate than an experienced lawyer with a higher hourly rate. In
almost all circumstances, and certainly within this firm, a lawyers hourly rate
is matched to their skill, expertise and the level of value you will experience
if obtaining their services.
Our recommendation is that you attend an initial meeting
with a lawyer or talk to one over the phone and asked for a fixed-fee quote or
a detailed costs estimate for your particular circumstances. This will give you
a better idea of their fees as well as a feel for the way that they approach the
law.
Overall
Look for a lawyer who will create a process that suits you and who looks at all of the alternative dispute resolution options before going to court;Only engage a specialist family lawyer;Ask around and read reviews on the firm and the lawyers;Don’t decide based on hourly rates alone as this might not be the best way of getting value for money and won’t give you an idea of the overall cost; andMeet any potential lawyers to determine whether you connect and feel comfortable dealing with the lawyer.
Finding the right lawyer to take you down the right path is
important as the incorrect approach may make matters worse and result in additional
costs and stresses involved in unnecessarily protracted processes.
FGD is a big firm by family law standards. Our people are
from a diverse range of backgrounds and have specialised experience in all of
the above strategies and approaches to obtaining a family law resolution. We
don’t do things by halves. Because we are part of a big team this means that we
have more resources and knowledge available to find better solutions for our
clients.
If you are looking for
recommendations, we recommend the following directories for collaborative
professionals:
https://collaborativepracticecanberra.com.au/collaborative-lawyers/https://viccollab.com.au/http://collabprofessionalsnsw.org.au/practitioners/

How much child support will I pay?

A Parent’s Guide to Child Support
After separation, people often find themselves in tricky situations regarding how much to pay to their ex-partner for the support and upkeep of their children. These payments, known as ‘child support’, are generally ongoing, periodic payments made by one parent to the other, purely for the benefit of their children.

The Child Support Agency, a sector of the Department of Human Services, can assist in determining the amount each parent should be required to pay in order to financially sustain the children, should the parents not be able to agree.
The formula that the Agency uses to determine such a figure is based on:
Both parents’ taxable income;The amount of nights that the children are in each party’s individual care; andThe number of children and age of the children.
This is founded by statistics regarding how much parents commonly spend on their kids in Australia, and is adjusted per year to maintain standards.
More often than not, the parent who has the care of the children for the majority of the time will receive child support from the other. The method of receiving the payments from your ex-partner can be by private arrangement or collection by the Agency.
In order to privately collect the funds, there must be some sort of child support assessment, agreement or court Order that sets out the specific sum to be paid to the eligible parent. You and your ex-partner then have the freedom to work out how and when this amount will be paid. This method is commonly used in amicable breakups, as it requires frequent contact between the parties, however the Agency has the ability to intervene in circumstances where the money is not being paid.
Child support collection involves the same assessment, agreement or court Order as mentioned above, however the Agency itself determines how it will be paid, when it will be paid, and undertake the process of collecting the money and distributing it. This process may be necessary in environments where the parents are unable to harmoniously manage child support payments.
On the other hand, separating parents are often able to come to agreements between themselves, without the help of the Agency, regarding how much they each financially contribute towards the care of the children. For an agreement like this to be enforceable, a lawyer must assist you in creating what is known as a Binding Child Support Agreement (“BCSA”). A BCSA can include anything that is agreed on, including periodic payments and non-periodic payments (such as kindergarten or school fees, extracurricular activities, medical costs, clothing, etc).
If you think that you require assistance with understanding child support payments, or if you’d like to negotiate your own BCSA with your ex, give one of our family lawyers at FGD a call so that we can help you out.

What do I need to tell my ex about my assets?

Full and Frank Disclosure in Family Law
… and what does it mean for my separation?
If you are going through the process of negotiating a property settlement with your ex, you’ve probably heard from your lawyers or from research that you have a duty of ‘full and frank disclosure.’
Although disclosure is an extremely complex area of the law, this essentially means that you have to be very honest about your assets, debts and financial circumstance. This is so that the Court can get an accurate picture of what effect dividing your property will have on you and your ex.

For example, disclosure means that you need to tell your ex (or their lawyer if they have one) whether:
You have received or earned any money since separation;You have given away any money or assets;If you have or will get any windfall payouts; orIf you will change or have changed jobs and will earn a higher salary
However, given the complexity of this rule, we strongly encourage you to seek legal advice from a solicitor to better understand:
Your duties and obligations about disclosure, including full and frank disclosureThe effect of the undertaking of disclosure
Full and frank disclosure in financial cases
In addition to general duties of disclosure requirements, there are specific rules about full and frank disclosure in financial cases. Disclosure must be of the party’s total direct and indirect financial circumstances.
It requires disclosing all sources of earnings, interest, income, property (vested or contingent interests) and other financial resources. This applies regardless of whether the resources are owned by the party, or go to another some other person or beneficiary (for example, the child or de facto partner) or are held in corporations, trusts, company or other such structures.
Also required to be disclosed is information about any property disposal (whether by sale, transfer, assignment or gift) that was made in the year immediately before the separation of the parties or since the final separation and that may affect, defeat or deplete a claim.
How do I disclose?
You must file a Financial Statement. If that does not fully meet your duty of disclosure, you also need to file an affidavit giving further particulars.
If your financial circumstances change after you file the Financial Statement, you must file an amended statement within 21 days of the change of circumstance.

Full and frank disclosure in parenting cases
At all stages of a parenting case, parties must make full and frank disclosure about all information relevant to the case. What information is relevant is case specific, but may include reports about a child or parent, school reports, letters and drawings by the child, photographs or diaries.
A party who has obtained an expert’s report for a parenting case must give a copy of the report to the other parties and the independent children’s lawyer (if appointed).

Disclosure of Documents
Undertakings about disclosure
In the Family Court Rule 13.15 requires all parties (except for an independent children’s lawyer) to file an undertaking stating that you:
have read Parts 13.1 (disclosure between parties) and 13.2 (duty of disclosure – documents) of the Family Law Rules, andare aware of your duty to the Court and each other party (including any independent children’s lawyer) to give full and frank disclosure of all information relevant to the issues in the case, in a timely manner.
You must:
undertake that, to the best of your knowledge and ability, you have complied with the duty of disclosure, andacknowledge that breach of the undertaking may be contempt of court.
You must not make a statement or sign an undertaking if you know, or should reasonably know that it is false or misleading.
This undertaking must be filed at least 28 days before the first day you are before a judge.
Penalties for non-disclosure or false disclosure
If you fail to disclose or file an undertaking or file a false undertaking, the Court may:
refuse to allow you to use that information or document as evidence in your casestay or dismiss all or part of your caseorder costs against youfine you or imprison you on being found guilty of contempt of court not disclosing the document or breaching your undertaking
Important rules which apply in the family court:
Rule 13.04, full and frank disclosure in the Family CourtRule 13.05(2), financial statements in the Family Court

Dennis Farrar is a Family Lawyer and Director at Farrar Gesini Dunn’s Canberra Office.