ADAMI & ADAMI

In the matter of ADAMI & ADAMI, Berman J of the Family Court of Australia considered applications by the wife for interim property orders and litigation funding. The dispute concerned the husband's expenditure of funds and the preservation of existing properties, with the wife alleging the husband had access to a financial resource unavailable to her.

The court was required to determine whether to grant an injunction restraining the husband from expending funds from the Adami Business Trust and its associated entities, and whether to make orders for litigation funding or a "dollar for dollar" payment towards the wife's legal costs, pursuant to section 117 of the *Family Law Act 1975* (Cth).

Berman J ordered that the net proceeds from the sale of a specified property be applied first to discharge a Commonwealth Bank loan, then to sales agents, rates, and conveyancing expenses, with any balance to be held in trust pending further order or mutual consent. Crucially, the husband was restrained from withdrawing or expending further funds from the Adami Business Trust and its related companies, except in the ordinary course of business or by written agreement, with a specific exception noted for an obligation under prior orders. The court also made detailed orders regarding the payment and holding of funds by the husband's solicitors, directing that such funds be held in trust and applied towards the wife's legal costs, including professional fees and disbursements, on a "dollar for dollar" basis if not paid to the wife's solicitors within seven days. The wife was also ordered to disclose documents relating to her job applications in 2018.