Terms of Heloise Pratt’s $825m settlement with Alex Waislitz to stay secret in Toorak case
A settlement between Heloise Pratt and Alex Waislitz will stay secret in Venus Behbahani’s fight for a Toorak townhouse she claims was promised to her.
The details of Heloise Pratt’s settlement with ex-husband and billionaire Alex Waislitz will not be disclosed to Venus Behbahani in her court fight for a Toorak townhouse that she alleges was promised to her.
During a brief court hearing on Thursday, lawyers for Ms Behbahani said they hoped to “confirm” Mr Waislitz’s control of Thorney Equities.
It followed news Mr Waislitz and Ms Pratt settled a separate lawsuit, largely about control of the $1.3bn Thorney empire, in which she alleged Mr Waislitz transferred $14m from he and Ms Pratt’s Halex family trust to fund his new fiancee’s pop music career, and $20m to buy a Melbourne apartment, without Ms Pratt’s knowledge despite their shared control of the company.
The Pratt family sensationally intervened in Ms Behbahani’s court case earlier this year because Thorney owned the Toorak townhouse which Ms Behbahani alleges was promised to her by her sister, and Mr Waislitz’s now fiancee, Rebecca Behbahani in exchange for supporting them through a brief split and while Rebecca was pregnant.
The Pratts claimed neither Rebecca Behbahani nor Mr Waislitz were entitled to transfer ownership of the property because Thorney owned it.
Just before Ms Pratt and Mr Waislitz were due to battle for control of Thorney in a September trial, they thrashed out an agreement that saw Mr Waislitz retaining management of the empire and Ms Pratt walked away with $825m in cash and assets.
On Thursday, lawyers for Venus Behbahani told the Supreme Court of Victoria they had sent letters to Mr Waislitz and other defendants in the case to ask if the outcome of Ms Pratt’s settlement confirmed whether or not Thorney was controlled by Mr Waislitz, noting the settlement terms are confidential.
Justice Claire Harris agreed it could help narrow the disputes in issue in Ms Behbahani’s case, including if a “breach of trust” had occurred.
Thorney’s solicitor told the court a family court proceeding was settled, and the terms were confidential.
“I’m not in a position to reveal anything about that. Save there is no change to (the) position of Thorney in terms of its control,” he said.
Ms Behbahani believes a recording or video documenting the exchange of the Toorak house exists which is recorded in a 2019 deed of gift and subsequent deed in 2021, but has not yet been able to locate it and hand it over to the court.
Rebecca alleges she was “extremely distressed” when she signed the 2019 document due to medical concerns about her unborn child with Mr Waislitz, and she did not have any actual interest in the land to have the authority to hand over the property.
While Ms Behbahani urged the court to lock in trial dates for the case this year, Justice Harris said Ms Behbahani was not “making that possible”.
“There is some difficulty hearing that from the plaintiff when there has not been the most expeditious approach,” she said.
“There has been a lot of progress made but not complete compliance with orders.”
Justice Harris also told Ms Behbahani’s barrister she was “very disappointed” in his client’s communication with her chambers.
After launching the case in 2023, it is likely the trial will take place in February next year.
The two main witnesses will be Ms Behbahani and her sister Rebecca, along with Mr Waislitz. All are set to be cross-examined in court.
Justice Harris reminded the parties the Supreme Court of Victoria was not the appropriate venue to air their “personal” disputes.
Justice Harris is expecting to eye a best estimate of how much Rebecca’s pop music company, RB Nomas, is worth as Ms Behbahani argues she is entitled to 50 per cent of it.
Originally published as Terms of Heloise Pratt’s $825m settlement with Alex Waislitz to stay secret in Toorak case
