Husband fined for purchasing cryptocurrency

In the recent case of Lescosky & Durante [2020] FamCAFC 179, a Husband was fined $54,000.00 for purchasing cryptocurrency to the value of $180,000.00.

The parties had been engaged in contested property settlement proceedings. The Husband set up two new bank accounts and transferred the sum of $180,000.00 over an 11 day period, which was utilised to purchase the cryptocurrency.

The issue with the purchase of the cryptocurrency by the Husband, was that this breached (“contravened”) a Court Order. The Court Order provided that:

  • the Husband was restrained from transferring or otherwise disposing of any asset exceeding $1,000.00 in value (save in the ordinary course of business); and
  • prior to transferring or otherwise disposing of any asset exceeding $1,000.00 in value, the Husband was to provide seven (7) days written notice of his intention to deal, to the Wife’s solicitors.

The Court proposed that “payment of the fines be made by the Husband, namely from his entitlement in the property settlement proceedings.”

This case serves as a reminder as to the powers available to the Court, where there is a contravention of a Court Order.

If you have any queries in relation to Court Orders, or require assistance with a property settlement, please call us on 07 3278 1888.

Welcome Amy Holland to Hogan Stanton Lawyers

We welcome Amy Holland to our team, as our Associate Lawyer. Amy’s interest in law was sparked during work experience at a local Magistrates Court, which led to a school based traineeship and ongoing employment with the Department of Justice and Attorney-General during her university studies. Since her admission as a legal practitioner in 2014, Amy honed her efficient and client-focused approach, within private practice.

In her spare time, you will find Amy on road trips exploring all that our beautiful country has to offer (particularly enjoying the rest breaks for Devonshire tea or a stop at a little country bakery), walking her dogs or curled up in a sunny spot enjoying a good book.

Amy looks forward to meeting you at our offices. Please call us on 07 3278 1888 to arrange a meeting.

How to prepare for an appointment with us

Making an appointment with a law firm may be daunting!

However, the team at Hogan Stanton Lawyers are here to make you feel comfortable and to answer any initial questions you may have.

We speak in plain English and try to avoid “legal jargon”.

Here are some friendly tips to help you prepare for our appointment:

  1. Allow up to one hour for your appointment unless we advise you otherwise.
  2. Turn your mobile phone on silent to avoid distractions.
  3. If possible, avoid bringing your child or children to the appointment so that you can listen and focus. Although we understand this is not always possible.
  4. Bring in your passport and driver’s license so we can identify you.
  5. Ask us if you are not sure what to bring with you.
  6. Bring in any paperwork or documents that are relevant to your matter.
  7. Bring in a notepad to take notes.

We look forward to meeting you!

Ask us for a free quote!

call us on 07 3278 1888

4 Common Myths About Divorce

You Don’t Need Legal Advice

While you can prepare your own divorce application, we strongly recommend you seek legal advice before doing so. This is especially the case when you have children or hold joint property together. Making the initial decision to get legal advice will ensure your rights are represented.

You Can Get Divorced Whenever You Want

The only grounds for divorce are that the marriage has broken down irretrievably and you must have been separated for at least 12 months and one day. If there are children under 18 then proper arrangements need to have been made for them. In Australia, if you have been married for less than two years you will need to attend counselling and provide the court with a counselling certificate.

Mothers Always Get Custody

When a court determines who will have physical and legal custody, they take the best interests of the children into consideration.

Assets Are Split Equally

The division of assets is more about fairness rather than an equal split. Once the asset pool has been compiled, the process involves measuring the contribution that each party made to the assets. There are a number of factors that are taken into account, and the division must be just and equitable under the Family Law Act.

We are here to help

Please call us on 07 3278 1888 for your no obligation FREE quote and initial advice

HELPFUL TIPS FOR EXECUTOR/S

A loved one has died and you have been appointed executor of his or her estate.  You are grieving and don’t know what the next steps are.

Here is a suggested list of who you may need to contact when it comes to administering a deceased person’s estate:-

  • Accountant
  • Ambulance Services
  • Australian Tax Office
  • Banks/Building or Friendly Societies/Credit Unions
  • Chamber of Commerce
  • Church or Religious Organisations
  • Clubs, Organisations and Associations, Libraries
  • Companies (eg. Directorships)
  • Department of Social Security/Centrelink
  • Department of Transport- Car Registration
  • Department of Veteran Affairs
  • Doctors, Specialists, Hospital, Dentist or Chemist
  • Electoral Office/ Local Government for Rates Etc.
  • Employer/Former Employer
  • Financial Institutions /Loan Companies/ Credit Card Providers
  • Home Appliance Rental
  • Home Delivery Service- Newspapers, Milk, etc
  • Home Nursing Services or Meals on Wheels
  • Household Help, Gardening Services
  • Insurance- Life, Accident, Home or Vehicle
  • Justice of the Peace
  • Medicare/ Health Benefits Fund
  • Phone, Mobile, Internet, Electric and Gas Companies
  • Post Office for Mail Delivery
  • Schools, Universities or Colleges
  • Service Organisations: RSL, Lion, Red Cross, Rotary, etc
  • Solicitor and/or Public Trustee
  • Superannuation Companies
  • Trade Unions or Professional Associations
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