QLD Appealing Family Law Court Judgment - Likely Outcomes?

[Barnaust]

I was a second respondent in a family law case. My mortgage to the parties was upheld and I received judgement in my favour at the final hearing. The funds have been legitimately spent - not wasted or hidden.

The wife is now appealing the judgment - but the money is gone. An appeal would seem pointless. What are the likely outcomes?

 

[Sophea]

I'm sorry but the facts you have outlined above are not clear. From what I can gather the wife is trying to appeal a decision regarding monies that you owe her? In the event she is successful and an order is made that you have to pay monies back to her, but you no longer have any funds to do so, then she may be able to enforce that judgement or court order by bring enforcement proceedings to seize and sell your property or alternatively lodge a debtor's petition and make you bankrupt.

 

[Barnaust]

I'm sorry but the facts you have outlined above are not clear. From what I can gather the wife is trying to appeal a decision regarding monies that you owe her? In the event she is successful and an order is made that you have to pay monies back to her, but you no longer have any funds to do so, then she may be able to enforce that judgement or court order by bring enforcement proceedings to seize and sell your property or alternatively lodge a debtor's petition and make you bankrupt.

Thanks Sophea, Sorry for the confusion, I was a registered mortgagee who loaned my son money to buy the matrimonial home. The court found my commercial contract with him valid and awarded me the full payment of my mortgage when the matrimonial home was sold. Final orders gave me absolute right to do what I wished with the money. Now my son's wife is now appealing that decision, but I have spent the funds received on legitimate purchases and expenses.

 

[Sophea]

If she is successful on her appeal, the fact that you have spent the money does not mean that you will not be liable to pay it back.