Paperny, Schutz AND Strekaf jJA

12.41: Notice to disclose documents
12.42: Request for financial information

Case Summary

The Appellant, Cunningham, in a family law matter appealed a Court of Queen’s Bench Decision relating to retroactive child support. Following the Appellant’s Application to disclose records under the Family Law Act, SA 2003, c F-4.5 (“FLA”), the Appellant alleged that the Respondent, Seveny, had been dishonest about his income and expenses while practicing as a lawyer.

The Court noted that one of the factors in the Appeal was the Respondent’s income information, and referred to Rule 12.42 which provides that, where a written request for financial information has been made under the applicable sections of the FLA, that information must be provided within one month after the request is received. Further, Rule 12.42(2) lists the documents that may be requested under Rule 12.42.

The Court explained that in family matters, although the disclosure obligations are modified as to the method of disclosure in accordance with Rule 12.41 by replacing the standard Affidavit of Records with the Notice to Disclose, the basic disclosure obligation under Part 5 of the Rules is the same. The Court reviewed the applicable authorities and legislation and found that the Respondent had not fully complied with his disclosure obligations.

The Court allowed the Appeal, and the matter was remitted to the Court of Queen’s Bench for a re-hearing of the Appellant’s Application.

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