The Appellant appealed a Special Chambers Justice’s refusal to order disclosure of information in a family law matter.

The parties co-owned a company, with the Respondent managing the business and the Appellant handling bookkeeping. After their separation, the Respondent excluded the Appellant from the company and formed a new company that retained all the assets from the co-owned business. The Special Chambers Justice denied the Appellant’s request for further disclosure of certain documents, including comprehensive statements for the Respondent’s bank and credit card accounts and compliance with an Undertaking concerning corporate expense receipts for the new company.

The Court found that the Special Chambers Justice erred in principle by not adequately considering the disclosure obligations under the relevant legal standards. Regarding the corporate expense receipts, the Court emphasized the importance of full and transparent disclosure in family law matters, particularly when one party controls the financial information of jointly owned businesses. The Court also noted that the Respondent had never applied to be relieved of his obligation to comply with the Undertaking, nor did the Special Chambers Justice base his Decision on the Court’s powers under Rule 5.31 to relieve the Respondent from disclosure obligations.

With respect to the Respondent’s bank and credit card account statements, the Court noted that Rule 12.41 sets out a procedure for parties to seek disclosure of copies of bank and credit card statements for the most recent 6 months, with ongoing disclosure obligations. The Court found that the Special Chambers Justice erred in principle in failing to address and consider Rule 12.41 and the procedure involved.

As a result, the Court allowed part of the Appeal and ordered the disclosure of the corporate expense receipts and the Respondent’s bank and credit card statements as requested by the Appellant.