Undertaking by party
211 Undertaking by party
A party (except an independent children’s lawyer) must file a written notice —
stating that the party —
has read Divisions 1 and 2; and
is aware of the party’s duty to the court and each other party (including any independent children’s lawyer) to give full and frank disclosure of all information relevant to the issues in the case, in a timely manner;
and
undertaking to the court that, to the best of the party’s knowledge and ability, the party has complied with, and will continue to comply with, the duty of disclosure; and
acknowledging that a breach of the undertaking may be contempt of court.
A party commits an offence if the party makes a statement or signs an undertaking the party knows, or should reasonably have known, is false or misleading in a material particular.
Penalty for this subrule: a fine of $5 500.
If the court makes an order against a party under section 234 of the Act or the Family Law Act section 112AP in respect of a false or misleading statement specified in subrule (2), the party must not be charged with an offence against subrule (2) in respect of that statement.
A notice under subrule (1) must comply with rule 483(1) or (2) and state as follows —
This Notice is filed in accordance with the Family Court Rules 2021 rule 211.
I [insert name]:
have read the Family Court Rules 2021 Part 13 Divisions 1 and 2; and
am aware of my duty to the court and to each other party (including any independent children’s lawyer) to give full and frank disclosure of all information relevant to the issues in the case, in a timely manner; and
undertake to the court that, to the best of my knowledge and ability, I have complied with, and will continue to comply with, my duty of disclosure.
I understand the nature and terms of this undertaking and that if I breach the undertaking, I may be guilty of contempt of court.
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