Andrews and Andrews and Ors

In *Andrews and Andrews and Ors*, Hogan J of the Family Court of Australia considered an application for interim orders concerning legal expenses and the conduct of proceedings. The dispute involved parties identified as Ms Andrews and Mr Andrews, with the court being asked to make orders regarding the payment of legal fees and the management of funds.

The primary legal issues before the court were whether to make an interim order for the payment of $100,000 from funds held by Ms Andrews’ solicitors to Mr Andrews’ solicitors for the purpose of meeting his legal expenses, and how such a payment should be treated in final property adjustment proceedings. Additionally, the court was required to determine responsibility for the costs of an updated Family Report and/or valuations, and to address applications for costs arising from the proceedings.

Hogan J ordered that $100,000 be paid from Ms Andrews’ solicitors' trust account to Mr Andrews’ solicitors' trust account within seven days, to be held and applied solely for Mr Andrews' legal expenses. This order was made pursuant to section 79 of the *Family Law Act 1975*, with the categorisation and treatment of these funds in final property adjustment proceedings left to the trial judge. Mr Andrews was restrained from releasing these funds without further court order or agreement. Mr Andrews was initially responsible for the costs of updated reports and valuations, with the ability to seek reimbursement of 50 per cent from Ms Andrews. The Amended Application in a Case filed on 16 July 2015 was dismissed, save for the orders made.