Property settlement disclosure checklist (FCFCOA)
The FCFCOA disclosure obligation is wide and continuing — both parties must disclose all relevant financial information. Failure can result in adverse inferences, set-aside orders, or costs. This checklist covers the standard disclosure categories.
This is a 12-step disclosure checklist for Federal Circuit and Family Court of Australia property settlement matters. It covers the documents and information required under the duty of full and frank disclosure in Family Law Rules 2021 (Cth). Use it as a checklist when preparing or reviewing the other party's disclosure.
The checklist
Tax returns and notices of assessment (3 years)
Personal and business tax returns and ATO notices of assessment for the last 3 financial years.
Bank statements (12 months)
Statements for all accounts in the party's name or under their control for at least the last 12 months.
Credit card statements (12 months)
Statements for all credit cards in the party's name for at least the last 12 months.
Superannuation statements
Most recent statements for all superannuation funds, including SMSF documents and any pending splits.
Real property documents
Title searches, mortgage statements, valuations, and any rental records for all real property held.
Business records (if a business owner)
Financial statements, BAS, P&L, balance sheet, and trust deeds for any business interest.
Investment statements
Statements for all investments — managed funds, shares, bonds, cryptocurrency, term deposits.
Trust documents
Trust deeds, distribution statements, and the most recent financial statements for any trust the party is a settlor, trustee, or beneficiary of.
Loan and debt documents
Loan statements, mortgage documents, and details of any unsecured debts including informal loans from family.
Vehicle and asset details
Registration, valuations, and any encumbrances on vehicles, boats, jewellery, art, or other significant chattels.
Insurance policies
Life insurance, income protection, total and permanent disability — including current surrender values where applicable.
Notional adjustments — assets disposed of
Records of any significant assets disposed of during the relationship breakdown period that may need notional addition.
When this checklist applies
Use this checklist at the start of any FCFCOA property settlement matter, both for preparing your client's disclosure and for reviewing the other party's disclosure response. Run through each item and tick off as documents are received.
Common pitfalls
- Forgetting to include cryptocurrency holdings in the disclosure
- Not asking for SMSF documents — easy to overlook for self-managed super
- Missing notional adjustments for assets disposed of during the relationship breakdown
- Failing to update disclosure as the matter progresses (it is a continuing obligation)
- Treating informal loans from family as outside the scope of disclosure
Run this checklist on a real matter
Quillio can analyse the other party's disclosure response, flag missing items against this checklist, and identify inconsistencies between the financial statements and supporting documents. See /practice-areas/family-lawyers or start a free trial.
This checklist covers the standard disclosure categories under the Family Law Rules. Adapt for the specific circumstances of your matter — complex business structures, international assets, or contested valuations may require additional disclosure.
Use this checklist on your matter.
Quillio can run this checklist on a specific NSW conveyancing matter — confirm each item, calculate adjustments, and generate the supporting documents. The free trial requires no credit card.
Start your free trial