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DB:CV:103966 Fam ily law - Property Matters Oam&an Ba-an darn anb@z!f'VOSoa'W'j'ef o:r.: a..:
26 April 2017
Mr Thanasis Raptis 29 ColDrado CDurt WERRIBEE VIC 3030
By Post Only Dear Mr Raptis, Family Law - Property Matters We act for Mrs Helen Raptis ('our client') in relation to her fam ily law property ma ers and note you are the Husband of our client. Our client has instructed us to finalise the financial affairs between herse" a'1O We enclose for your benefit the Family Court's Brochures: 1. Duty of Disclosure ; and 2. Marriages, Families and Separation. We are instructed that our client and you married on 17 December 1990 and fin al separation took place in about September 2016. To this end, we request that in accordance with your duty of disclosure, you provide us with copies of the following : 1. Your tax returns and assess ment notices for the past five (5) financial yea rs; 2. Your five (5) most recent payslips; 3. Statements for all accounts (including lOa" crec~ care a- sa "''''~='' ''''''''= accounts, held in your name, jointly wiltl a- c--.e-:::e-=; ::::;.-which you are a signatory for the last five years 0 --e =a-=
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4. Any valuations/appraisals you hold for any real either in Australia or overseas ;
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liability limited by a scheme approved under Professional Standards Leglslaoor
5. A list of any and all personal property items and/or chattels , such as a musical instruments you own or have sold or given away in the last five years; 6. Your most recent superannuation statement; and 7. Any documents showing any other assets such as shares , managed funds or entitlement to any asset. Our client is currently collating her financial disclosure, copies of which will be provided to you shortly. We also confirm that caveats have been lodged for and on behalf of our client on the following properties: 1. 25 Benjamin Street, Parkville; and 2. 29 Colorado Court, Werribee . We request that the above information, material and documents be forwarded to our office within seven (7) days from the date of this letter. If you fail to engage a solicitor or provide the requested information , material and documents within seven (7) days from the date of this letter, we advise we have instructions to make an urgent application to the Family Court of Australia seeking same. Once the obligation to provide financial disclosure has been complied with , we anticipate receiving instructions to convey our client's offer of settlement. We strongly recommend you obtain legal advice in relation to this matter. Further, we confirm you should not attempt to contact or approach our client whether at her residential address, in public or under any circumstances . In the event that you attempt to contact or approach our client, she will reluctantly be forced to apply to the Court for an intervention order against you to prevent you from contacting or approaching her. We look forward to receiving your urgent response .
Yours faithfully ZERVOS LAWYERS
oiL--G~ Damian Balian Special Counsel Encl.
2 103966
of di
This brochure provides informatio n about rh e du ty o f disclosure res pons ib ili t ies of parrics in all cases, wh ether fin ancial o r parenting, in rhe Fami ly COli n. Ir includes information abour: •
full and fra nk di sclos ure - and what that mighr mL'3:n in finaoCictl and pMcnun.g ascs
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wfincn unclcrraki ngs that mUSt be gin.:n
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docume nts to be di sclosed. and
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pe nahies fo r failure to disclose or for fi ling false undertakin gs.
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the Coun
Disclosure is a complex area of law. T he info rm ati o n here is a n overview o nly o f the requ irements. You m ust ca refu lly read Cha pre r 13 of rhe Fnmily Lnw Rill" 2004 [Q un dema nd yo ur full o bliga ri o ns. If you are unsure abo m any of yo ur obl iga ri o ns, YOll sho uld ger legal ad vice. A lawye r will help you understand yo ur legal rights and respo nsibilities, incl ud in g: •
yo ur duti es and obligat ions abo ut d isclos ure, includ ing full and frank disclos ure
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the effecr of (h e un de rtakin g as
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th e term s used in this broc hure.
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d isclosure, and
What is duty of disclosure? Du ry o f disclosure requires all parri es [Q a fam ily law dispure [Q provide [Q each orher parry all in fo rm at io n relevant to an issue in the case. This includes info rmation recorded in a paper docu ment or stored by some other means such as a computer storage device a nd also incl udes documenu. that the other parries m ay not know about. T his duty starts with the pre-action p roced ure before rhe case StartS and continues until the case is finalised. As a party. you must continue {Q provide such info rmation as circumstances change or more documents are created or come into yo ur possession , power or control. Fo r morc informatlOn~ see Rule 13.01.
Full and frank disclosure in financial cases In addition to general di sclosure requi remenrs, there are speci fi c rules abol
