Pratt love child received three payments from family trust, court hears

In the resumption of a fight between the billionaire Pratt siblings and half-sister Paula Hitchcock, a court has heard claims she received three payments from cardboard king Richard Pratt.

Paula Hitchcock, centre, outside court on Friday with husband, Nassib Thoumi. Picture: Sam Ruttyn

Lawyers for the billionaire Pratt siblings have argued in court that their half-sister’s claim on the family trust is “seriously” defective.

However, Paula Hitchcock’s legal team said her father, the late Visy cardboard king Richard Pratt, paid her three times out of his fortune – showing she was a beneficiary.

Ms Hitchcock, 26, will have another two weeks to serve a fresh amended statement of claim on her siblings, Anthony Pratt, Heloise Waislitz and Fiona Geminder, alleging they tried to cut her out of the family trust when she was a child.

The legal dispute has been ongoing for nearly two years, since Ms Hitchcock – who is the love child of Richard Pratt – launched her bid for a stake of the trust in 2022.

Her pleadings have been filed multiple times, and the latest version before the parties was criticised on Friday by the Pratt family trustee’s barrister, Allan Myers, KC.

Paula Hitchcock, daughter of Shari-Lea Hitchcock and the late Richard Pratt. Source: Facebook.

“We think it is seriously defective,” he said. Later, he said: “This matter should not go to trial on these pleadings.”

NSW Supreme Court judge Michael Meek said there was “a sense in which 22 months is a fairly long time”.

“For many cases that is more than adequate time … for cases to be heard and for everybody to get on with their lives,” Justice Meek said. “At some point the case needs to be brought to a barrier so that pleadings can be finalised.”

Ms Hitchcock’s barrister, Christopher Withers, SC, agreed to file an amended pleading in two weeks, although earlier he said his client’s claims were all “arguable” and not “misconceived” or “speculative”.

Mr Withers had argued against parts of the strike-out application – which means the Pratt side wanted all or some of pleadings struck off court documents – and canvassed reasons why Ms Hitchcock could be considered a beneficiary of the family trust.

That included the three payments made to her by Mr Pratt from the trust in 2004, 2007 and 2008.

“Since Mr Pratt passed (the) trustee failed to give consideration to (its) power to distribute income to the plaintiff … based on the fact that distribution to the plaintiff by the trustee ceased from the time that Mr Pratt died,” he said.

It is not clear how much she received in those transactions, and Mr Myers rejected the argument that they demonstrated she was a beneficiary.

Mr Withers further said Ms Hitchcock had been acknowledged by Mr Pratt before his death in 2009 and his wife, Jeanne Pratt, that she was a member of the Pratt family.

“(There) need only be an acknowledgment by one of the child’s parents. It is enough that Mr Pratt acknowledged the child as a member of his family. We go further and say there is also an acknowledgment by Mrs Pratt,” he said.

Richard Pratt, Paula, a friend and Sharilea Hitchcock. Picture: Facebook.

The Pratt siblings argued it was untenable that Mrs Pratt was Ms Hitchcock’s parent because she was not her biological or adoptive mother.

But Mr Withers said there were different definitions of “parent” and what the function of a parent was towards a child, and further, that Mrs Pratt occupied that role.

Mr Withers said Mrs Pratt had “personally” provided food and clothing to Ms Hitchcock during stays, and a bedroom, care and support.

“(This is) enough to establish Mrs Pratt assumed the role of parent in relation to (the) plaintiff,” he said.

He later said: “In effect the plaintiff was a family member and treated as a family member. The siblings were there … and in a position to see her as being part of the family.”

The late Mr Pratt made his fortune spearheading one of his father’s businesses that manufactured cardboard boxes, Visy, and his fortune has amassed to about $27bn.

He had an affair with horse-trainer Shari-lea Hitchcock, and their daughter, Paula, was born in September 1997.

After he died in 2009 Ms Hitchcock’s mother contested Mr Pratt’s will, reportedly leaving the Hitchcocks with a settlement that included shares and property.