Family Justice (General) Rules 2024 · As enacted · Part 2 · Proceedings Under Part 10 of Women’S Charter 1961
17. Disclosure in claims for ancillary relief (P. 2, r. 17)
Feedback & supportSubject to this Rule, Part 9 of these Rules applies in relation to any claim for ancillary relief.
An order for disclosure relating to a claim for ancillary relief must not be made against any party before the First Ancillary Affidavits of the applicant and the respondent have been filed unless, in the Court’s opinion —
the order is necessary to prevent the disposal of a party’s assets;
the order is made in conjunction with an order preventing the disposal of a party’s assets; or
there are any other exceptional circumstances necessitating the making of the order.
The Court may, in an application by a party for an order for disclosure under Part 9, dispense with the requirement for the person against whom the order for disclosure is made to file an affidavit mentioned in Part 9, Rule 11 and instead order that person to provide a copy of any document or information sought by the party and that person’s list of disclosure by letter.
Subregulation 1
Subject to this Rule, Part 9 of these Rules applies in relation to any claim for ancillary relief.
Subregulation 2
An order for disclosure relating to a claim for ancillary relief must not be made against any party before the First Ancillary Affidavits of the applicant and the respondent have been filed unless, in the Court’s opinion —
the order is necessary to prevent the disposal of a party’s assets;
the order is made in conjunction with an order preventing the disposal of a party’s assets; or
there are any other exceptional circumstances necessitating the making of the order.
Subregulation 3
The Court may, in an application by a party for an order for disclosure under Part 9, dispense with the requirement for the person against whom the order for disclosure is made to file an affidavit mentioned in Part 9, Rule 11 and instead order that person to provide a copy of any document or information sought by the party and that person’s list of disclosure by letter.