Legal Tip 264: 12 Months Imprisonment with withdrawing from a Loan – Contempt of Court

Discussion in 'Legal Issues' started by Terry_w, 14th Jan, 2020.

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  1. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    Not complying with court orders can lead a person to get into serious trouble.

    In family law property settlement case the husband was sentenced to 12 months imprisonment because:
    - he withdrew $231,807 from a loan account, and then
    - failed to make 48 months of repayments as required

    The wife was to receive the house unencumbered (and the husband other assets) and the 48 monthly repayments were required to pay out the loan and discharge the mortgage.

    The husband blamed his failing business for his need to breach the court orders.

    The wife was the one who brought proceedings to court.


    See:

    Parrish & Gallejo (No.2) [2018] FCCA 2851

    Parrish & Gallejo (No.2) [2018] FCCA 2851 (3 August 2018)
     
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  2. datto

    datto Well-Known Member

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    A woman scorned hell haveth no fury.
     
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  3. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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  4. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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  5. Paul@PAS

    [email protected] Tax, Accounting + SMSF + All things Property Tax Business Plus Member

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    He has some basis of "record" for decisions and the Crown then meeting subsequent costs. Appeals against his decisions are somewhat in favour of the appellant. The usual protections afforded judges are being tested for actions outside authority

    Could Salvatore Vasta be Australia's worst judge? said the AFR
     
  6. datto

    datto Well-Known Member

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    Seems pretty hard to hide money from the family law court. Might be best to just become a sugar daddy.
     

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