Author Topic: Court orders milyonir to pay for renovations so ex-wife can live in former home  (Read 1204 times)

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Family Court orders millionaire to pay for renovations so wheelchair-bound ex-wife can live in their former home
CHIEF COURT REPORTER SEAN FEWSTER THE ADVERTISER JULY 08, 2013 12:48PM



The Family Court ordered the multi-millionaire to pay for wheelchair accessibility renovations at his ex-wife's home. Source: News Limited


A MAN who became a multi-millionaire after divorcing his profoundly disabled wife refused to fund renovations that would make her home wheelchair-accessible, a court has heard.

Family Court documents have revealed the man, known as "Mr Hand", hid his newfound fortune from his ex-wife, "Ms Bodilly", while buying investment properties in his new partner's name.

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By the time Ms Bodilly took court action against him, Mr Hand not only had a new job paying $1.7 million a year, but an annual taxable income of more than $5 million.

In a judgment published this month, Deputy Chief Justice John Faulks and Justices Judith Ryan and Garry Watts have ruled there is no reason why Mr Hand should not pay $120,000 to upgrade Ms Bodilly's home.

"The sum is primarily related to renovation costs that the wife needed to her home because she is wheelchair-bound," they say.

"The husband is wealthy and it took him a surprisingly long time to meet his obligation to fully disclose his financial circumstances."

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The judgment, which contains no identifying details of the couple in line with usual family law provisions, reveals Mr Hand and Ms Bodilly married in 1983. At the time, she had been diagnosed with multiple sclerosis.

They separated in 1998 and divided their assets in 2000.

"Mr Hand agreed to pay Ms Bodilly an amount of $500 a week on a continuing basis," the judgment says.

"At that time, Ms Bodilly worked part-time as a health care professional, earning $35,000 per annum."

It says that, following the divorce, Mr Hand lost his job and received $5 million in redundancy payments and $4.7 million in superannuation.

He asked the Family Court to suspend Ms Bodilly's maintenance payments on the grounds he was unemployed.

However, he had also remarried and bought "significant" investment properties in the name of his second wife.

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In April 2010, Mr Hand took on a new role that paid $1.7 million a year - by 2011, his total taxable income was $5.8 million.

"Ms Bodilly's medical condition progressively deteriorated (and) since March 2007, she has been unable to work," the judgment says.

"By November 2009 she was housebound."

The judgment says Mr Hand refused to disclose his financial situation to Ms Bodilly and, seeking assistance with her growing disability, she took Family Court action.

Ms Bodilly asked the court to award her a $120,000 lump sum to cover living expenses and the cost of making the former couple's home wheelchair-accessible.

"As I am less steady, I am no longer able to access the backyard in case I fall," she told the court.

"I am eager to get out into the backyard again, especially when the weather improves."

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The court made the order but Mr Hand lodged an appeal, saying Ms Bodilly needed only $45,000.

Mr Hand claimed the judge had erred in his analysis of the evidence and relied on unreasonable quotations from engineers and builders.

In their judgment, Deputy Chief Justice Faulks and Justices Ryan and Watt dismissed his appeal.

They said the trial judge had correctly calculated the renovations as costing $113,000 and then "rounded up" because there "could be future change" to Ms Bodilly's needs.

They further ordered Mr Hand pay Ms Bodilly's legal costs.

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TIMELINE

1983: Mr Hand and Ms Bodilly - who has multiple sclerosis - marry.

1998: The couple separates.

December 2000: In a property settlement, agreed between the former couple, Ms Bodilly keeps their combined assets while Mr Hand retains his superannuation and agrees to pay her $500 a week in maintenance.

March 2007: Ms Bodilly's condition worsens, causing her to give up her $35,000-a-year part-time job as a health care professional.

March 2009: Mr Hand loses his job and receives a $5 million redundancy payment and $4.7 million in superannuation.

February 2010: Now unemployed, Mr Hand asks the Family Court to suspend operation of the 2000 agreement - while buying new properties for himself in his second wife's name.

April 2010: Mr Hand finds a new job paying $1.7 million per year plus shares.

June 2012: Ms Bodilly asks the court to order Mr Hand pay $120,000 to renovate their former home so it is wheelchair accessible.

July 2012: The court hears Mr Hand's annual income is $5.8 million.

August 2012: The court rules in Ms Bodilly's favour. Mr Hand lodges an appeal, claiming she only needs $45,000 for the renovations.

July 2013: The Family Court publishes a judgment dismissing Mr Hand's appeal.

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