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

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)

 

A woman scorned hell haveth no fury.

 

Here is another case where there was a 3 year sentence imposed on the Mr

Campbell & Louis (Sentencing) [2021] FCWA 64
CAMPBELL and LOUIS (SENTENCING) [2021] FCWA 64 (15 April 2021)

 

Interesting story where a judge sent someone to prison unlawfully and they are now suing the judge personally:

Judge sued for $2m after wrongly jailing man who was assaulted and threatened with rape by inmates, court told

 

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

 

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