Sutton and Lasko and Anor (No.5)

In the matter of *Sutton and Lasko and Anor (No.5)*, Judge McNab of the Federal Circuit Court of Australia considered a property settlement dispute between the Applicant and the First Respondent, with the Second Respondent also involved. The core of the dispute revolved around the Applicant's alleged failure to make full and frank financial disclosure, including the concealment and falsification of bank records, and the assertion that the Applicant and the Second Respondent were not separated as claimed.

The court was required to determine the extent of the asset pool available for division, given the Applicant's non-disclosure and the alleged deception regarding the separation status of the Applicant and the Second Respondent. The court also had to consider the appropriate orders to ensure a just and equitable distribution of property, taking into account the Applicant's conduct.

Judge McNab found that the Applicant had failed to make proper financial disclosure and had engaged in deceptive practices concerning his financial position and his relationship with the Second Respondent. Applying principles of family law concerning property settlement and the importance of full disclosure, the court made orders that effectively transferred the entirety of the Applicant's shareholding in Q Pty Ltd to the First Respondent. Further orders were made to restrain the Applicant from communicating the details of these orders to third parties, to release certain funds to the First Respondent, and for the Applicant to indemnify the First Respondent against specific debts. Crucially, the court ordered that the Reasons for Judgment, Transcript, and Exhibits be forwarded to the Commonwealth Director of Public Prosecutions for consideration of potential prosecution of the Applicant.