If you’re a party to a family law property settlement - whether represented by a lawyer or acting on your own - this article looks at a recent case that offers key lessons about why it’s important to engage actively, keep your financial evidence current, and respond promptly to the Court’s directions. Even if you find yourself in difficult circumstances, failing to provide required documents or updates can mean the Court decides your case without considering crucial information.
MacCallion & MacCallion [2025] FedCFamC1A 144
The case was an appeal in relation to property orders made after an initial trial in July 2023. The appeal centred on updates to the husband’s financial situation, including real property values and liabilities, particularly following the husband’s incarceration from October 2023 until September 2025, which the husband suggested amplified the liabilities, as interest and penalties accrued whilst payments were not being made.
Throughout the period the husband (appellant) was in custody he appeared and instructed counsel to appear on his behalf. The Court granted the husband leave to file updated evidence regarding some liabilities. Additionally, the Court directed the husband to bring an application to lead further evidence regarding his overall financial position. Permission was granted on multiple occasions for the husband to submit new evidence to the Court about his financial position, and in particular his liabilities. The husband repeatedly failed to provide any records or documents on the mortgages over his properties, nor take up the Court’s offer for him to bring an application to file updated evidence about other liabilities such as unpaid rates and utilities.
The husband argued that because his solicitor no longer held a practising certificate, he was unable to submit crucial information from prison, which in turn caused the judge to make an error during the first trial. The husband contended that the liabilities were not the current figures, however the Appeal Court found that there was no error by the trial judge in calculating the overall property pool. As the husband had not provided any evidence of the current mortgage values, the Court was limited to considering only the documents before it.
Key takeaways
- Updating financial evidence: if you are permitted to submit evidence, for example, updated debts or asset values, it is crucial to do so within the time allowed. If you do not, the court may proceed without your updates.
- Parties have a responsibility to engage in the process: even if you are in a difficult position, for example, imprisoned, it remains your responsibility to work with your current lawyer, seek out a new lawyer or work directly with the court to get evidence filed. If you do not, you may lose the opportunity to have those elements considered.
If the court directs that certain information, such as mortgage or home loan balances must be submitted via a specific form or process, it is up to you, with your lawyer's help, to comply. Failure to do so may result in the court relying on outdated or incomplete evidence.
Although the husband was incarcerated, he was still able to participate in proceedings by telephone and submit evidence. Therefore, being in prison did not prevent him from fulfilling his responsibility to update the necessary information, and such circumstances generally do not exempt individuals from procedural obligations. The husband’s failure to provide updated evidence regarding his liabilities, despite being granted leave to do so, was a significant factor in the dismissal of the appeal.
This case highlights the importance of engaging proactively with the court process and fulfilling all obligations to provide up-to-date evidence, even when facing challenging circumstances like incarceration. Failure to do so can result in the court making decisions based only on the material at hand, which may not reflect your current situation. Ultimately, responsibility for ensuring the court has the necessary information rests with each party, regardless of their personal circumstances.
If you need legal assistance, contact our expert team today for guidance and support throughout your court proceedings.
MacCallion & MacCallion [2025] FedCFamC1A 144 (19 August 2025)
