BALASKAS & STRATOS

In *Balaskas & Stratos*, heard by Judge W J Neville, the applicant sought an interim property settlement order for litigation funding. The dispute arose in the context of a significant financial disparity between the parties and a large property pool, with the applicant contending that their application for funding was "arguable" and that such an order would be "just and equitable."

The central legal issue before the court was whether to grant the applicant's application for litigation funding under section 117(2A) of the *Family Law Act 1975* (Cth). This required the court to consider the applicant's capacity to adequately fund the highly contested litigation and whether the proposed funding was just and equitable in the circumstances.

Judge Neville reasoned that the applicant had demonstrated an arguable case for litigation funding, considering the significant financial disparity and the nature of the proceedings. The court applied the principles of section 117(2A) of the *Family Law Act 1975* (Cth), focusing on the need for the applicant to be able to properly or adequately fund their litigation.

The court ordered that a litigation funding order be made in the applicant's favour for $110,000, to be paid to the applicant's legal representatives within 28 days. The costs of the litigation funding application were reserved. The parties were also directed to advise the court within 21 days regarding their intentions to proceed to arbitration, mediation, or a further court mention, with all outstanding applications to be stood over pending this advice.