By Craig Nicol and Keleigh Robinson
Property – Husband perpetrated coercive and controlling conduct against wife, whereas wife’s assault of husband had no nexus with his ability to make contributions – Husband’s duty of disclosure included an explanation of transactions
In Pryor (No 2) [2026] FedCFamC1F 77 (12 February 2026) Austin J heard contested property applications in respect of a $1,238,274 net asset pool.
The party’s marriage lasted for about 16 years. They had two children who lived with the wife and spent time with the husband.
In the days before trial, the husband provided unfiled and unsigned tax documents and financial statements and records for his two companies. During the trial, he acknowledged that the information in those documents contradicted other financial disclosure and that they were in draft format.
After observing that the husband had breached disclosure obligations under s 71B of the Act and r 6.06(8) of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth), the Court said (from [24]):
“The upshot is the husband has not produced any document to officially verify the financial circumstances of his corporations … ( … )
[26] The historical bank account records the husband did disclose… reveal deposits and withdrawals, but the transactions are unexplained… The duty of disclosure relates to all relevant ‘information and documents’ – not just documents (s 71B(1)). The statutory duty envisages that the party also disclose relevant information… Relevant ‘information’ includes an explanation for the significant and otherwise unexplained deposits and withdrawals in bank account records. ( … )
[52] The wife alleged the husband’s commission of family violence… related to his … control of household finances, both during their relationship… and after … separation, which included him blocking her use of a credit card when she had no other means of meeting … expenses …
[53] … [T]he husband failed to comply with interlocutory orders made during the litigation… He failed to rectify the mortgage arrears on the former family home when he consented to do so…
[54] The wife also alleged the husband has stalked her… and deliberately damaged and removed property from the family home… The husband did not … refute such evidence… ( … )
[57] … [T]he husband alleged the wife’s ‘volatile anger’ caused him anxiety… He … alleged she … assaulted him in 2016… which she admitted. … [T]he husband’s evidence of his exemplary employment performance between … 2005 and … 2022 precludes any nexus being drawn between such ‘family violence’ … and his ‘ability’ to make … contributions. ( … )”
