Cardaci widow sues Bennett, EY

Thursday, 21 September, 2023 - 15:30

The widow of deceased CFC Group boss Marc Cardaci has taken legal action against law firm Bennett and accountant EY over more than $4 million she claimed was wrongly paid.

Perth socialite Mae Cardaci last week filed a writ in the Supreme Court of Western Australia, naming Lawfirst, trading as Bennett litigation and commercial law, and Ernst & Young as defendants.

In the writ obtained by Business News, Ms Cardaci as trustee for the Washburn and Marco Cardaci Testamentary trusts claims Bennett and Ernst & Young received payments that she alleged to be a breach of trust.

In 2017, Ms Cardaci took her former brother-in-law Philip Cardaci to court over her deceased husband’s estate and control of the two trusts in his name, reportedly worth $40 million.

The WA Supreme Court appointed Ms Cardaci as trustee over the trusts, named Washburn and Marco Cardaci Testamentary trusts, in December 2021.

Mr Cardaci and his companies were represented by Bennett law firm.

In the recent Supreme Court writ, Ms Cardaci claims payments of about $3.75 million from the assets of the trusts have been paid to Bennett.

She also claims, in the writ, that more than $680,000 from assets of the trusts were paid to EY.

According to the writ, Ms Cardaci alleges Bennett and EY received the payments, being Mr Cardaci’s costs in defending the legal proceedings, while knowing the transfers to be a breach of trust.

Bennett managing partner Nathan Ebbs said the writ had not been served to the law firm.

Mr Ebbs said factual matters were still before the WA Court of Appeal and the decision on that was yet to be handed down.

“There’s a judgment pending, and it would be inappropriate for us to comment [on this],” he said.

"Undoubtedly if the matter proceeds, there’s no doubt that it would be vigorously defended."

Ms Cardaci is seeking equitable compensation, interest and costs, according to the writ.

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