Undertaking as to disclosure

This form is used to acknowledge your duty of disclosure and to undertake that you have complied and will continue to comply with that duty. An undertaking as to disclosure must be made by all parties, except an Independent Children’s Lawyer. A party must not make a statement or sign an undertaking if they know or should reasonably have known that it is false or misleading. A breach of an undertaking is treated the same way as a breach of an order.

NOTE: If you breach the undertaking you may be guilty of contempt of Court and may be punished by a fine or imprisonment.

This form must be filed before the first court date unless the Court orders otherwise.

Filing with the Court

This form should be eFiled with the Court using the Commonwealth Courts Portal. See How do I eFile? for a step-by-step guide. If for some reason you cannot eFile, you can file at a Court registry

NOTE: For special filing measures during COVID-19 refer to section 2 of the FCFCOA Practice Direction – COVID-19 Special Measures.

You will then need to serve a copy on the other party or parties.

TIP: If you are not registered on the Commonwealth Courts Portal or are registered but do not have access to your file electronically email registerme@comcourts.gov.au with your full name, date of birth, name of the other party, file number (if known) and your portal user name if you are already registered so we can create your registration or provide access to your file.

Service

You need to serve a copy by ordinary service on the other party or parties. For more information on service in family law proceeding see How do I serve family law documents?.

Legal advice

To understand your legal rights and responsibilities you should obtain legal advice. A lawyer can explain how the law applies to your case and assist you to complete forms and lodge documents. The Court is unable to provide legal advice because to do so would seriously compromise its ability to impartially determine your case. There are several free services available. See Find a Lawyer for more information.