Sirola & Sirola & Ors

In *Sirola & Sirola & Ors*, McClelland J of the Family Court of Australia considered an application by the husband for a partial property distribution. The husband sought this distribution to fund the costs of defending serious criminal charges. The wife and interveners opposed this application.

The primary legal issue before the Court was whether it was just and equitable to order a partial property distribution in circumstances where the husband had failed to provide full and frank disclosure of his financial circumstances. The Court was required to determine if the husband had discharged his onus of proving that sufficient property would remain available at final hearing to allow for any necessary adjustments to achieve justice between the parties.

McClelland J reasoned that the duty of full and frank disclosure is fundamental to the operation of the *Family Law Act 1975* (Cth) in financial cases, as established in *Briese and Briese* and reinforced by rules of court, including rule 13.01(1) and 13.04(1)(a). The Court found that the husband's non-disclosure prevented him from satisfying the Court that a partial distribution would be just and equitable. Consequently, the husband's application was dismissed.

The Court further ordered that the husband pay the costs of the wife and interveners on a party-party basis, finding that the husband had failed to comply with his duty of disclosure and that his application was unreasonable. These costs were to be paid within 28 days of agreement or assessment.