“I was tricked into signing over my half of the family home, so I should be able to appeal the court order.” Which case won?
Husband and wife marry and have daughter
A husband and wife married in 1988.
They had one child together, a daughter who is now an adult.
Husband and wife buy property together after husband goes to prison
In early 2007, the husband was sentenced to a term of imprisonment. He was also ordered to pay the NSW Crime Commission $100,000, which he paid in full in June 2007.
In 2008 the husband and wife purchased Property C for $450,000.
Husband and wife separate and husband returns to prison
The husband and wife separated in 2009 and divorced in 2012.
In March 2012, the husband was sentenced to another term of imprisonment for a period of two years.
Daughter convinces father to sell property to her for $1 to avoid confiscation of asset
While the man was in prison, his daughter visited him and convinced him to sign a document agreeing to sell his interest in Property C to her for $1.
The daughter told him that she had been contacted by the NSW Crime Commission, which was seeking further funds, having discovered her father’s part ownership of Property C.
She also told him that she would sell the property and buy another in his name.
Neither of these statements was true.
Wife gets consent order giving effect to property sale from father to daughter
The wife commenced property settlement proceedings, which were resolved by consent orders, providing that the wife would retain her interest in Property C and the husband would transfer his interest in Property C to the daughter.
These consent orders gave effect to the conclusion sought by the daughter in having her father sign the document when she visited him in jail.
Wife and daughter sell property, buy new one and father moves in
In 2013, the daughter and wife sold Property C for $540,000 and purchased Property B for $265,000 and Property A for $330,250.
After being released from prison, the husband moved into Property B, erroneously believing that it was his.
Daughter evicts father from property and father applies to set aside consent orders
The daughter evicted her father from Property B.
He then brought proceedings pursuant to section79A of Commonwealth Family Law Act 1975 to have the consent orders set aside on the basis his daughter had misled him, and he had only signed the documents transferring Property C to her because of this deceit.
Court summarily dismisses father’s application and father appeals
The wife and daughter applied for summary dismissal of the husband’s application to set aside the consent orders (ie they asked the court to throw out his application on the basis that it had no reasonable prospect of success).
The Federal Circuit Court of Australia ruled in favour of the wife and daughter, granting the summary dismissal.
The husband appealed to the Family Court of Australia.