A Melbourne man has learned the hard way that dishonesty in family law proceedings has serious consequences—criminal ones.
On 3 April 2025, the 36-year-old man was sentenced to 18 months’ imprisonment for giving false testimony and fabricating evidence in the Federal Circuit and Family Court of Australia (FCFCOA). He will serve six months in custody, with the remaining 12 months suspended under a Recognisance Release Order, contingent on good behaviour for three years.
This case stemmed from proceedings initiated in 2017, in which the man sought parenting and property orders following separation from one of his de facto partners. A second de facto partner was also joined to the proceedings, with both former partners claiming an interest in the asset pool.
Under the Family Law Act, all parties are required to make full and frank disclosure of their financial circumstances. This disclosure forms the backbone of the Court’s ability to make fair and just decisions about the division of property.
In this case, the man falsified bank statements and other documents to hide the sale of a business and obscure assets exceeding $4 million. The deception was intended to exclude these assets from the divisible pool, with falsified documents suggesting the business had been sold prior to both relationships.
The Court found in 2020 that the man’s conduct had materially impacted its ability to determine the matter fairly and referred the case to authorities. In 2023, the AFP charged him with:
• Giving false testimony in a federal judicial proceeding (s35, Crimes Act 1914 (Cth)); and
• Fabricating evidence in a federal judicial proceeding (s36, Crimes Act 1914 (Cth)).
This case serves as a powerful reminder for practitioners and clients alike: full and frank disclosure is not optional—it is a legal obligation with real consequences.
As AFP Detective Senior Constable Jacob Purcell stated, “The laws of Australia are written to ensure a fair go for all, but judges need correct information to make appropriate rulings.”
Practitioner Takeaway:
This is a case worth keeping in your client education toolkit. When clients ask why they must disclose every asset—especially ones they believe are ‘safe’ or unrelated—refer them to this example. Not only can dishonesty undermine their case, but it may also lead to criminal prosecution.
Educating clients early about the risks of non-disclosure and the need for transparency can protect them—and the integrity of the process.
