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Perjury is a crime, not a tactic.
In simple terms, it is when someone knowingly gives false evidence about a point that could change the result while under oath or affirmation.
In family law, a lie can derail your case, strip away credibility, and expose you to both civil consequences and criminal penalties.
At a glance :
- Federal law sets the baseline in the Crimes Act 1914 (Cth). Section 35 covers false testimony and section 36 covers fabricating evidence. The maximum penalty is 5 years' imprisonment.
- States and territories also have perjury offences. Some are tougher. For example, NSW up to 14 years and Victoria 15 years.
- Inside a family case, the impact usually shows up first as civil consequences. Expect credibility findings, adverse inferences, exclusion of tainted material, and costs orders. In serious matters, the court can refer the conduct to the Australian Federal Police (AFP) or the Commonwealth Director of Public Prosecutions (CDPP).
- Real example: in April 2025, a Melbourne man was jailed for 18 months after falsifying bank records to hide more than $4 million from the Family Court. The takeaway is clear. False evidence is treated seriously.
- Who can commit it: anyone who gives sworn evidence, including parties, lay witnesses, and expert witnesses. The duty to tell the truth applies to all.
General information only. This is not legal advice. Get advice from a qualified Australian lawyer about your situation.
Understanding perjury in family court
What it means
Perjury occurs when a person, knowing it is false or not believing it to be true, makes a material statement under oath or affirmation in or for a judicial proceeding.
A material issue is one important enough to affect the outcome. A judicial proceeding is a court case. Perjury can arise from:
Oral evidence at interim or final hearings.
Affidavits and annexures which are attachments to an affidavit, including parenting affidavits and sworn financial statements.
Sworn statements filed with applications, responses, or documents for interim steps in the case.
What counts as material
A matter is material if it could influence the decision.
Examples include the existence and value of assets or liabilities, parenting risk factors, income and expenses, or facts that bear on relocation, schooling, or medical decision making for a child.
What is not perjury
People make honest mistakes.
A reasonable memory lapse or a mix-up about dates or amounts is not perjury.
Non disclosure is also different.
Failing to exchange documents can be serious, but it is addressed through disclosure rules and the court's case management powers rather than a criminal charge.
Related but different
- Fabricating evidence under section 36 of the Crimes Act 1914.
- Contempt of court under Family Law Act 1975 (Cth) section 112AP, which covers serious disobedience of court orders or behaviour that interferes with justice.
- Non disclosure under Family Law Rules 2021 (Cth) rules 6.01 and 6.06. Non disclosure is not perjury, but the court can draw adverse inferences, adjust the property division, and order costs.
Why this matters in family cases
Parenting :
The court decides arrangements based on the best interests of the child, which looks at safety, meaningful relationships, and practical stability.
Unreliable evidence can reduce time or parental responsibility and may lead to conditions such as supervision, drug testing, or counselling.
Parental responsibility means who makes major long term decisions about a child's health, schooling, and religion.
Property :
The court aims for a just and equitable outcome. False or incomplete evidence can distort the asset pool and the percentage split.
The asset pool is everything owned minus debts.
The percentage split is who gets what share, for example 55 and 45 percent.
The court also considers contributions which include financial and nonfinancial input such as income, homemaking, and parenting.
Selected maximum penalties
| Jurisdiction | Offence | Max penalty |
|---|---|---|
| Commonwealth (Federal Circuit and Family Court of Australia, FCFCOA) | Crimes Act 1914 (Cth) section 35 (false testimony) | 5 years |
| NSW | Crimes Act 1900 (NSW) section 327, and section 328 for aggravated conduct | 10 years and 14 years in aggravated cases |
| Victoria | Crimes Act 1958 (Vic) section 314 | 15 years |
| Queensland | Criminal Code (Qld) section 123 | Up to 14 years |
| South Australia | Criminal Law Consolidation Act 1935 (SA) section 242 | 7 years |
Other jurisdictions also penalise perjury.
Get advice about the law that applies to your case.
Confidentiality warning. Family law has strict privacy rules.
Publishing names, photos, or details that could identify parties or children is generally against the law under section 121.
Get advice before sharing documents or case details with anyone else.
How perjury is proven in court
What must be proven
The prosecution must prove these elements beyond reasonable doubt :
- A statement was made under oath or affirmation.
- The statement was made in or in connection with a court case.
- The statement concerned a material matter.
- The maker knew it was false or did not believe it to be true at the time.
What the proof usually looks like
| Element | Common proof examples |
|---|---|
| Oath or affirmation | Transcript, audio, sworn affidavit, jurat page which records when and where the affidavit was sworn |
| Link to a proceeding | Electronic court file, orders, listings, cover sheets |
| Materiality | Relevance to parenting risk, asset pool, liabilities, income, contributions |
| Knowledge of falsity | Contradictory records, timed emails, metadata, messages, concessions in cross examination |
Evidence often relied on
- Cross examination that exposes contradictions and knowledge of falsity.
- Metadata and digital forensics, including author, edit history, timestamps, IP logs, and device logs.
- Bank, taxation, superannuation, and employment records obtained by subpoena. Interim subpoenas often require leave which means permission under rule 6.27.
- Third party documents from schools, medical providers, counsellors, and government agencies.
- Digital trails such as cloud backups, location data, and message archives.
- Independent expert evidence that contradicts a false account, for example a forensic accountant's tracing report.
Different standards of proof
Family cases use the balance of probabilities. Criminal prosecutions use beyond reasonable doubt.
Under the Evidence Act 1995 (Cth) section 140 and the Briginshaw principle, judges look for stronger and clearer proof when a finding carries serious consequences, even though the civil standard still applies.
A family judge can find a party not credible and draw strong inferences without there being any criminal conviction.
Caution about recordings and device access
Secret recordings and covert access to another person's phone, email, or cloud account can be illegal or inadmissible.
State and territory laws differ.
Examples include the Surveillance Devices Act 2007 (NSW), the Surveillance Devices Act 1999 (Vic), and the Invasion of Privacy Act 1971 (Qld).
Get advice before you record, monitor, or access any device or account.
How judges handle perjury in family court
Judges focus on fair, childcentred outcomes and on protecting the integrity of the process.
When dishonesty is shown or strongly suspected, expect practical steps to deal with it.
Typical judicial responses
| Misconduct or issue | Likely response | Possible order or outcome | Example |
|---|---|---|---|
| Proven false affidavit | Little or no weight given to that evidence. Adverse credibility finding | Less favourable parenting or property orders. Costs | False statement about income exposed by employer payroll records |
| Non disclosure or concealment of assets | Adverse inferences, including the Weir and Weir approach which lets the court assume assets are being hidden and adjust the split against the dishonest party | A larger share to the honest party. Specific production orders | Funds moved to a sibling's account just before disclosure was due |
| Serious interference with justice | Contempt pathway under section 112AP | Fine, community service, or imprisonment in extreme cases | Ignoring orders to produce key documents and disrupting hearings |
| Egregious and deliberate deceit | Referral to the AFP or CDPP | Criminal investigation or prosecution | Fabricated bank statements submitted with an affidavit |
| Persistent breaches of directions | Case management orders such as timetabling, production orders, exclusion of late material, or dismissal of applications | Timetable changes, costs, or strike out which means remove parts of affidavits | Repeated late filing of affidavits despite clear orders |
Costs risk explained
Costs in family law are discretionary under Family Law Act section 117.
Dishonest conduct often leads to a costs order.
In serious cases, the court can order indemnity costs, which means paying almost all of the other side's reasonable legal costs.
How credibility findings influence outcomes
A finding that a party is unreliable can affect the weight of their evidence on every disputed issue.
In parenting cases this can change the time children spend with a parent or who holds parental responsibility.
In property cases it can change the assessment of contributions and the overall percentage split.
It may also influence whether the court accepts or rejects valuations and business forecasts.
Longterm consequences of perjury
Perjury can have effects well beyond the final orders.
- Criminal record. A conviction can affect employment screening, professional registration, and international travel permissions.
- Professional discipline. Regulated professionals may face notifications and disciplinary action.
- Adverse costs. Significant fee orders can follow a pattern of dishonesty and can be enforced like any civil judgment.
- Reputational damage. A party found to have lied may face scepticism in any later application to vary parenting or property orders.
- Immigration issues. For non citizens, serious dishonesty can raise character concerns.
You may also face additional litigation.
If false statements caused financial loss, the other party could seek compensation or enforcement orders that increase the financial impact.
What to do if you suspect perjury
Act early and act methodically. Focus on what changes the result, not every minor inconsistency.
Avoid broad accusations. Build your case around clear contradictions that matter to the outcome.
Immediate steps checklist :
- Keep an evidence log. Record who said what, when it was said, where it appears, and why it matters.
- Plan targeted disclosure. Ask for the specific documents that prove or disprove the point in issue.
- Consider subpoenas to third parties with records that can verify the truth.
- Collect documents lawfully and store them securely with simple file names and dates.
- Prepare focused crossexamination built around a small number of critical contradictions.
- Seek civil remedies now. Ask the court to exclude tainted evidence, draw adverse inferences, and make costs orders.
- Consider a criminal referral only for clear, deliberate, and material deceit.
- Protect privacy. Avoid breaching publication and confidentiality restrictions.
- If you made an error, file a corrective affidavit quickly. See rule 8.15 of the Family Law Rules.
Practical plan in more detail
- Chronology and variance log : Create a table that lists each inconsistency with the date, source, and relevance. Add a column for the next step so action is clear.
- Disclosure and subpoenas : Use the duty of disclosure under rule 6.01 and the financial disclosure rules under rule 6.06. For interim subpoenas, seek leave which means permission under rule 6.27. Ask for focused categories rather than wide requests.
- Forensic support : In property matters, brief a forensic accountant to trace funds, test valuations, and check dividend flows and director loans. In parenting cases, gather independent records from schools, health providers, and any treating professionals.
- Crossexamination strategy : Select the few contradictions that best show knowledge of falsity. Use documents with timestamps and third party records. Keep questions short and precise.
- Civil remedies : Ask the court to give little or no weight to dishonest material, to draw adverse inferences about undisclosed assets, and to make section 117 costs orders. Consider specific production orders and timetable changes to cure prejudice.
- Possible referral : If the conduct meets the test, your lawyer can ask that a potential referral to the AFP or CDPP be noted. Courts approach referral cautiously, so proportionality is important.
- Privacy and publication : Do not post or share case documents. Get advice before sharing anything beyond your legal team.
- Fix errors fast : If you discover an error in your own material, correct it as soon as possible and explain the correction in a short affidavit.
Simple evidence log template
Copy the headings below into a spreadsheet or table and populate them as you go.
| Date noted | Where the statement appears | Exact statement or paragraph | Contradictory proof and source | Why it is material | Next step |
|---|---|---|---|---|---|
| 13 October 2025 | Affidavit filed 10 September 2025, paragraph 27 | No overseas bank accounts | ANZ International Statement May 2025 | Goes to the true asset pool and non disclosure | Subpoena bank and crossexamine |
How Unified Lawyers can help
High net worth divorces often involve complex structures, significant assets, and cross border issues.
These matters need careful planning and precise execution. Our family law team advises on property division, financial disclosure, business and trust interests, and binding financial agreements.
We provide tailored legal advice to help protect wealth and to secure a fair and durable outcome.
Privacy, efficiency, and strategy sit at the centre of our approach. We work with independent experts, including forensic accountants and tax specialists, to ensure every asset and liability is identified and verified.
Where appropriate, we can seek asset preservation orders which are orders to stop assets being sold or moved.
We can also pursue orders that set aside transfers designed to defeat a family law claim under Family Law Act section 106B, which allows the court to undo a transfer made to defeat a claim.
If you are facing a high net worth divorce and want a strong legal team in your corner, contact us.
Our family lawyers in Sydney, Brisbane, Gold Coast, and Melbourne will guide you step by step, coordinate the right experts, and help you move forward with confidence.
General information only. This is not legal advice. Content legally reviewed 13 October 2025 AEST.
Key sources and further reading
- AFP media release dated 3 April 2025. Melbourne man jailed for lying to the Family Court about more than $4 million in assets.
- Crimes Act 1914 (Cth). section 35 false testimony and section 36 fabricating evidence.
- Crimes Act 1900 (NSW). section 327 perjury and section 328 aggravated perjury.
- Crimes Act 1958 (Vic). section 314 perjury.
- Criminal Code (Qld). section 123 perjury.
- Criminal Law Consolidation Act 1935 (SA). section 242 perjury.
- Family Law Act 1975 (Cth). section 112AP contempt and section 117 costs, and publication restrictions including section 121.
- Family Law Rules 2021 (Cth). rule 6.01 duty of disclosure, rule 6.06 financial disclosure, rule 6.27 interim subpoena leave, and rule 8.15 affidavits.
- Evidence Act 1995 (Cth). section 140 standard of proof. Briginshaw v Briginshaw clarifies the level of satisfaction for serious allegations.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
