Property settlement appeal dismissed
In a recent case, Hankel & Kaplan (2025), the court dismissed an appeal against a property settlement order.
The wife had been seeking a stay of the final property orders, pending her appeal.
She had been ordered to sell properties in default of a cash payment to her former husband.
The wife told the appeal the primary judge made a mistake by not allowing for capital gains tax when the properties were sold, and that the judge failed to consider her former husband’s wasteful spending.
To complicate matters, the wife’s mother also made multiple allegations of legal errors.
During the appeal, the wife gave vague evidence about wasted expenditure by her former husband on gambling, drinking, use of cannabis, and take-away meals, but she conceded she could not estimate his gambling expenditure.
Under cross-examination, the husband admitted to having a gambling problem “to some extent” during the 10-year marriage but said he would have spent “an absolute maximum of $20,000” on gambling during that time. The court found the husband’s admission of “such expenditure” was “relatively benign, particularly when he was not asked to estimate his comparative winnings”.
Both the husband and the wife appeared in court unrepresented. And according to court documents, due to the fact they had no legal counsel, the issues of the stay of final orders, and the appeal itself, were frequently ignored. Both parties frequently resorted to irrelevant issues, including their children, despite the fact parenting arrangements had already been resolved.
The wife’s application dismissed for a stay was dismissed.
The husband had sought an order for costs, on the basis that his former wife failed to comply with orders and sold assets without notice. That application was also dismissed.
This case highlights the need for good legal representation. Family law issues can be complex, and you need an expert to represent you.
The family law specialists at Michael Lynch Family Lawyers can help you with every aspect of family law, including separation, divorce, parenting arrangements, and property settlements.
Contact our office today on: (07) 3221 4300 or email: [email protected]
