A Melbourne man who gave false testimony and provided falsified evidence to the Family Court of Australia has today (3 April, 2025) been sentenced to 18 months' imprisonment.
The man, now 36, will spend six months in prison, before being released from custody. The remaining 12 months of his sentence is to be served on a Recognisance Release Order, which will be suspended for three years subject to the man being of good behaviour.
He lied to the Court during an asset division dispute with his two de facto partners.
In September, 2017, the man started proceedings in the Federal Circuit and Family Court of Australia (FCFCOA) seeking asset and parenting orders after splitting with his de facto partner.
A second de facto partner also made claim to parts of the asset pool and was eligible to be considered in the Court's ruling on division.
All parties were required to make full, personal declarations of financial contributions to the shared asset pool to assist the Court make a final determination.
On 7 August, 2020, the Judge presiding over the matter found the man had not provided proper or complete financial statements, had deliberately falsified documents and given false evidence which prevented the Court from appropriately ruling on the case.
The Judge referred the man to the authorities and the AFP began an investigation.
The AFP found the man provided falsified bank statements to the Court to lie about the sale of a business and obscure assets worth more than $4 million.
Further investigations revealed the man had lied about the time when the business was sold to remove it from the pool of shared assets to be ruled on by the Court.
The man had forged bank statements, emails and documents to suggest the sale occurred prior to the start of both relationships to prevent them being considered part of the shared division.
On 23 August, 2023, the AFP charged the man with:
One count of giving false testimony in a federal judicial proceeding, contrary to section 35 of the Crimes Act (Cth); and
One count of fabricating evidence in a federal judicial proceeding, contrary to section 36 of the Crimes Act (Cth).
AFP Detective Senior Constable Jacob Purcell said courts needed honesty from all parties to ensure a fair and transparent application of the law.
"The laws of Australia are written to ensure a fair go for all, but judges need correct information to make appropriate rulings," Det Sen Const Purcell said.
"I hope this case sends a message to anyone who thinks dishonesty might help them get more than their share of divided assets or a more favourable ruling from the courts.
"The AFP stands ready to protect and defend the judicial process for all Australians. We will identify wrongdoing and bring you to justice."
