He redrew $622,500 and stayed away from court: 80% to her
- Together
- About 12 years, de facto
- Children
- One son, living with her
- Net pool
- About $2.84 million
- Split
- 80% her / 20% him

Ms Kleine and Mr Kleine never married. They lived together from 2005 until 2017, about 12 years, and have a son who lives with her. She brought more into the relationship: about $420,000 of equity in a property, against $100,000 of equity in his. He worked fly in, fly out and earned far more; by 2021 his gross income was over $400,000 a year. She did most of the homemaking and parenting, and when she sold her property she put $400,000 towards the mortgage on their home, which was in his name.
Between June and December 2016 he redrew $622,500 from the mortgages. About $420,000 went to their self-managed super fund and the rest to an account he never disclosed. After separation he kept paying the mortgage but also kept redrawing on it, and by 2021 it was in arrears. He failed to comply with multiple court orders, never properly disclosed his finances and did not come to the final hearing.
The hearing went ahead undefended, so her evidence was not tested by him. Justice Altobelli accepted her evidence of psychological, emotional, verbal and physical abuse during the relationship, and that he kept her isolated from family and friends. The judge inferred that this made all of her contributions more arduous. With her larger starting assets and her care of their son since separation, contributions were assessed at 65% to her.
The judge added 15% for the gap in their incomes, her care of their son, and the "great uncertainty" about what he really owned. The pool the court could identify, including super and the $622,500 added back, was $2,836,417. Her share was set at 80%, carried out by giving her the home, all of his interest in their super fund, and the proceeds of selling his shares and other assets to pay down the mortgage. He was also ordered to pay her $700 a week in spousal maintenance for five years, and her legal costs of $161,085.30.
Staying away from court and keeping finances hidden does not stop a property case. The court decides on the evidence it has, and doubts about undisclosed assets can be resolved in the other party's favour.
This case was decided before 10 June 2025. Under the amended Family Law Act 1975 (Cth), family violence and wastage are express considerations, and money already spent is no longer "added back" to the pool in the way the $622,500 was here. The orders were made in his absence, and he was free to apply to have them set aside; no later decision in the case has been found.
A published decision of the Federal Circuit and Family Court of Australia (Division 1), retold in plain English. Lawcaptain did not act in this case. Every outcome depends on its own facts. General information about Australian family law, not legal advice about your situation.
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