Glenrowan home 'gift' decision overturned by court

Her son has now been ordered to pay almost $130,000 in compensation and transfer the property back after a court found the change was "unconscionable".

Judith Ann McFarlane signed a land transfer in November 2015, gifting her Glenrowan home to son Mark Edward McFarlane.

He became the registered owner of the Warby Range Road home in January 2016, 10 months before his mother moved into a Wangaratta care home.

The State Trustees were appointed as the now 76-year-old's administrators following a tribunal decision, and looked into the property transfer.

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The State Trustees then sought the transfer of the property back to the 76-year-old woman through the Supreme Court.

Mr McFarlane's stepsister, Nicole Boddinar, told the court he treated their mother "like dirt".

"When she didn't do exactly what he wanted he'd push her and then other times he'd throw water at her and then one night he slammed the door and I didn't know what happened in that room," she said.

Ms Boddinar said it was "like he didn't like her, like he didn't love her".

"Every time I visited he used to get upset with her and swear at her and make her sit up and ... eat her food up or otherwise he'd take it off her," she said.

At other times, she said he wouldn't give her food as she believed she should be fasting.

Mrs McFarlane was diagnosed with schizophrenia in 1979 and while it was generally well managed, she suffered multiple psychotic episodes and relapses.

Her son didn't pay rent, paid few bills, and she did most of the cleaning.

Justice Melinda Richards noted compensation was available where a transfer occurred due to "undue influence or unconscionable conduct" and ordered the transfer be reversed.

Centrelink deemed the transfer as a gift which could generate money, and led to her aged care pension reducing by nearly $20,000, and led to an extra cost of nearly $110,000 to her aged care provider.

Mr McFarlane, who shouted at the start of court proceedings before storming out and not returning, must pay back $128,853 to his mum and pay her legal fees.

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