Cook and Cook

In the Family Court of Australia, Ms Cook (the applicant wife) and Mr Cook (the respondent husband) were involved in part-heard proceedings concerning financial disclosure. The primary dispute before the court was the extent and nature of continuing disclosure of financial and corporate documents by the husband.

The court was required to determine the appropriate level of ongoing discovery and disclosure of financial and corporate documents by the husband. Specifically, the court needed to consider the wife's request for various taxation and financial statements, the husband's concerns regarding the costs of disclosure, and the need for meaningful and continuous disclosure in light of the ongoing proceedings and related litigation involving the husband.

Justice Young ordered that both parties forthwith provide photocopies of all their credit card and bank statements to their respective solicitors for delivery to the other party, and to continue providing these statements on a monthly basis. The husband was also ordered to provide specific taxation returns, annual accounts for companies and trust entities, personal taxation returns, Group Certificates, Notices of Assessment for the financial years ending 30 June 2009 and 30 June 2010, documents pertaining to his superannuation interests from 1 July 2009, and disclosure of any payments made to Ms C Cook since 30 June 2009. Both parties were ordered to file and serve an updated statement of financial circumstances by 29 September 2011. The court also reserved costs for determination at an adjourned hearing and noted that Senior Counsel for the wife and Counsel for the husband were reasonably required for the hearing. The matter was listed for further case management and directions on 3 October 2011.