Source : the age
Socialite Venus Behbahani-Clark has lost her court bid for ownership of a Toorak townhouse owned by her sister’s billionaire partner Alex Waislitz, bringing to an end a messy, years-long legal battle.
At its core, the fight was between Behbahani-Clark and her sister Rebecca Behbahani, as well as Waislitz, Rebecca’s fiance. But it also embroiled another of Melbourne’s wealthiest families – the Pratts.
Behbahani-Clark claimed her sister and Waislitz promised to give her a Toorak townhouse, owned by Waislitz’s private investment company Thorney Equities, and said they had not fulfilled their pledge.
Heloise Pratt, Waislitz’s ex-wife, and her family briefly intervened in the dispute last year, because she was until recently a director of Thorney Equities. She claimed Waislitz and his new partner had no right to give away the Toorak property.
Thorney Equities is now fully controlled by Waislitz, after he and Pratt finalised their divorce and carved up their assets in 2025.
Behbahani-Clark, a former star of The Real Housewives of Melbourne, alleged she was duped by the couple, who she claimed did not fulfil their promise to transfer the title of the property.
But on Thursday, Victorian Supreme Court judge Claire Harris ruled Behbahani-Clark was not entitled to the property, including because a key condition from a financial agreement was not triggered.
“This proceeding between the two sisters, who had for most of their life enjoyed a very close and mutually supportive relationship, was conducted against a background of significant acrimony between them, which sadly also involved their family members,” Harris said.
In a joint statement, Waislitz and Rebecca Bebahani welcomed the decision.
“We took the decision from day one that we would defend these claims for our property because the plaintiff had no legitimate claim,” they said.
“We respect the court’s decision and are grateful that the legal process has reached this outcome. We believe justice has been done.
“The conduct of the plaintiff, Rebecca’s sister Venus Behbahani-Clark … has been nothing short of disgraceful for several years.”
Behbahani-Clark flagged an appeal in her own statement after the judgment was issued.
“The case turned on a technical interpretation of a contractual clause with which we respectfully disagree,” she said.
“This is not vindication for anyone, nor is it the end of the matter. The judgment is already under review by my senior counsel and legal team, and the legal process will continue.
“Importantly, the court rejected the longstanding baseless allegations that I used violence, coercion or undue influence, accusations repeatedly used to discredit me. That is not me.”
Harris rejected Rebecca’s evidence that Venus pulled her hair and that an interaction about the agreement over the property became physical in 2021.
In a separate and ongoing court dispute, Behbahani-Clark was charged with the theft of a phone from Rebecca.
Since she missed her past two court appearances in the Melbourne Magistrates’ Court, magistrate Michelle Hodgson issued a bench warrant for her arrest earlier this month.
According to court documents, Behbahani-Clark, her husband James and their children were living in the Toorak property from about October 2019. They have since relocated to London.
The sisters lived side-by-side in identical Toorak townhouses from about October 2019 to at least November 2022.
But Behbahani-Clark sued Thorney Equities, Waislitz and her sister – who she is now estranged from – in 2023 in the Supreme Court, amid an explosive dispute about ownership of one of the properties.
Behbahani-Clark alleged, by way of a deed of gift, that Waislitz would transfer the title for neighbouring Toorak units to Rebecca in December 2019.
Behbahani-Clark then said that in a separate deed of gift, dated June 4, 2021, Rebecca agreed to transfer the title of one of those units – unit two – to her sister.
According to Harris’s reasons, the 2019 agreement was being negotiated because Waislitz and Rebecca broke up. At the same time, Rebecca discovered she was pregnant, and so the couple were negotiating financial support and care for their child.
Harris noted the agreement “provided for Rebecca to have the right of exclusive use and occupation” of both townhouses.
“The Financial Agreement also provided for the transfer of Unit 1 to Rebecca within 60 days of the date of the agreement, and for the transfer of Unit 2 to Rebecca within two years if certain conditions were satisfied,” she said.
Some of these conditions, which Waislitz, Behbahani-Clark and Rebecca all agreed to, included a promise not to publicly disparage each other as part of a “confidentiality clause”. This was to be determined by an independent arbitrator.
Ultimately, Harris ruled that “if and only if” an arbitrator determined no breaches had occurred would Waislitz and his company be obliged to transfer the title of unit two to Rebecca.
“This conclusion has the consequence that, in circumstances where all parties accept that no arbitration has taken place, Alex and Thorney have no obligations … to transfer the Property, and Rebecca has no entitlement to the Property,” Harris said.
Therefore, Harris ruled that although both sisters voluntarily signed a deed of gift in 2021 that expressed Rebecca’s wish to gift Behbahani-Clark unit two, that agreement was void.
Venus and her family, including husband James Clark and their three children, were invited to move into unit two to support Rebecca, who was living next door in unit one.
But after Waislitz and Rebecca’s daughter was born in December 2019, they resumed living together in February 2020, and they were engaged to be married in November 2020.
Despite Waislitz and Rebecca reconciling, Behbahani-Clark continued to claim ownership over unit two, per the deed of gift both sisters signed in June 2021.
Behbahani-Clark had argued Rebecca, who is an aspiring pop signer, agreed to give her the house in exchange for resigning from their music production company and handing her shares over to Rebecca.
Harris noted tensions were emerging between the two sisters about Behbhani-Clark’s role in the company, and that Behbahani-Clark felt uncertain about her future “including not having a secure home”.
So they both signed a “piece of paper” while sitting in a child’s bedroom, and Rebecca sealed it with her fingerprint. “I conclude that the Deed of Gift did not comply with the formalities of a deed, and is not enforceable as a deed,” Harris said.
According Waislitz’s defence, Behbahani-Clark and her family continued living at the Toorak townhouse without his permission – or that of Thorney Equities – after November 2022.
Start the day with a summary of the day’s most important and interesting stories, analysis and insights. Sign up for our Morning Edition newsletter.
