Confidentiality in Family Law Proceedings
Posted: 6th June 2012
Posted in: News
Posted by: Dean Evans, Partner
In a recent matter heard by the Family Court of Australia in Melbourne, an application was made by a husband to have the wife sign a confidentiality agreement or in the alternative that the wife be restrained from disclosing to any person other than those advising her in relation to legal and accounting issues, any financial information relating to the parties’ family business which was a construction company.
Section 114 of the Family Law Act 1975 provides that in proceedings between parties to a marriage where an order or injunction is sought, the court may make such order or grant such injunction as it considers proper.
The court may grant an injunction if just and convenient to do so on such terms as it considers appropriate.
In this matter, the husband was concerned that the wife was disclosing sensitive information regarding the family business to her friend who was involved in a similar type business.
The husband was concerned that this would have an adverse impact on the business. The wife asserted that the husband’s allegation was vague and without basis. The wife denied that she intended any harm to the value of the family business.
The Family Court made an order that the wife be restrained by injunction from disclosing to any person other than those advising her in relation to legal and accounting issues any information of a financial and accounting nature about the family company.