Vella & Buchanan and Ors [2012] FamCA 500 – 05/06/2012

CATCHWORDS:

FAMILY LAW – PROPERTY – where the wife seeks orders discharging her liability under a loan – where the bank with whom the loan was taken out is a party to these proceedings – where the wife alleges she was a volunteer at law – where the wife alleges that bank knew or ought to have known that the wife was a volunteer – where the wife alleges the bank failed to explain the effect of the documents she signed, and failed to afford her the opportunity to obtain legal advice – where the wife alleges that the husband assaulted her leading up to the signing of the loan documents – where the wife alleges the husband exercised undue influence over her with respect to the loan documents – where there is evidence from bank officers and the husband that directly contradicts the wife’s evidence – whether the wife was a volunteer – whether the husband exercised undue influence over the wife – where the wife was neither a volunteer nor subject to undue influence.