The Applicant husband filed an Application to vary retroactive and ongoing child support on the basis of undue hardship. The Applicant also filed a Notice to Disclose, requesting the Respondent wife report certain income information contained in Form FL-17. The Respondent agreed to produce some items within a Notice to Disclose, but objected to producing all of the items on the grounds that they were not relevant or material to the Application.

Justice Gates noted that, pursuant to Rule 12.41, an Applicant may request the disclosure of documents which are relevant and material to the proceedings through a Notice to Disclose Application. The Applicant must file Form FL-17. The Court noted that Rule 5.2 of the Rules of Court provides guidance with respect to determining whether something is relevant and material. Specifically, Rule 5.2(1) provides that information is relevant and material if it can reasonably be expected to significantly help determine the issues raised in the Pleadings; or, ascertain evidence which could significantly determine the issues raised in the Pleadings. Importantly, where a Court has made a final determination relating to child support, only certain items on Form FL-17 may be requested pursuant to Rule 12.41(5).

After considering the Applicant’s requested financial disclosure, Gates J. held that the Application was premature. His Lordship ordered some of the financial disclosure by the Respondent wife, but dismissed the Application.