Bain and Bain (No 3)

In *Bain and Bain (No 3)*, Hogan J of the Family Court of Australia considered an interim application by the wife for the transfer of two MLC life policies. The husband provided an undertaking to hold any payment received under the life insurance component of one of the policies in his solicitor's trust account pending further order.

The primary legal issue before the court was whether to grant the wife's interim application for the transfer of the MLC life policies. The court was also required to determine the procedure for dealing with any application by the husband for costs associated with the wife's interim application.

Hogan J dismissed the wife's interim application for the transfer of the MLC life policies. The court also established a detailed process for the filing and service of written submissions should the husband seek an order for his costs, with the determination of such costs to occur in chambers.