CASE: Napier Keen Pty Ltd v Smith [2023] NSWSC 1134

Beverley was a bookkeeper for the law firm Keen Lawyers for 16 years.

After Beverley resigned, her boss Mr Keen discovered that Beverley had been taking money from the business. Over a period of 7 years, she siphoned over $1 million from the firm.

Unfortunately, by the time the theft was discovered, Beverley had lost most of the funds in pokie machines.

The firm sued not only Beverley, but also her partner Gregory. Although Gregory was not involved the the thefts and had no knowledge of them, the firm wanted him to be liable to repay them then stolen funds.

Can a spouse be financially liable for what the money their partner steals?