Baughan & Halsted

[2021] FCCA 1626

FEDERAL CIRCUIT COURT OF AUSTRALIA

Baughan & Halsted [2021] FCCA 1626

File number(s):

MLC 10907 of 2020

Judgment of:

JUDGE CARTER

Date of judgment:

21 June 2021

Catchwords:

FAMILY LAW – property – interim hearing – de facto relationship – short relationship – respondent asserts no order should be made – application for litigation funding – parties’ relative financial strength – parties’ capabilities to meet litigation expense – partial property – whether application weak, fanciful or misguided – where application stands reasonable chance of success – applications granted

Legislation:

Family Law Act 1975 (Cth), ss 79A, 90SM, 117

Cases cited:

Strahan & Strahan (Interim property orders) [2009] FamCAFC 166

Zschokke & Zschokke (1996) FLC 92-693

Number of paragraphs:

62

Date of hearing:

1 June 2021

Place:

Melbourne

Counsel for the Applicant:

Ms Jeans

Solicitor for the Applicant:

Savage & Co Pty Ltd

Counsel for the Respondent:

Ms Lane

Solicitor for the Respondent:

Lander & Rogers

ORDERS

MLC 10907 of 2020

BETWEEN:

MR BAUGHAN

Applicant

AND:

MS HALSTED

Respondent

ORDER MADE BY:	JUDGE CARTER
DATE OF ORDER:	21 JUNE 2021

THE COURT ORDERS THAT:

1.Upon settlement of the sale of the property at B Street, Suburb C (“the B Street, Suburb C property”), the Respondent cause the following payments to be made:

(a)the sum of $45,000 to the Applicant by way of part property settlement; and

(b)the sum of $80,000 to the Applicant’s Solicitors by way of litigation funding.

2.The parties have liberty to apply with respect to the sale of the B Street, Suburb C property.

3.The costs of the valuations of the properties ordered pursuant to order 2 of the orders made 1 June 2021 be at the parties’ equal expense.

4.The Applicant forthwith sign all documents and do all things to authorise Slater & Gordon Lawyers to include in the copy of their file to be provided to the solicitors for the Respondent pursuant to the Orders made 1 June, 2021, copies of all letters of advice and memorandum from Counsel.

AND THE COURT NOTES THAT:

A.Pursuant to sections 65DA(2) and 62B of the Family Law Act 1975, the particulars of the obligations these orders create and the particulars of the consequences that may follow if a person contravenes these orders are set out in the Fact Sheet attached hereto and these particulars are included in these orders.

Section 121 of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.

IT IS NOTED that publication of this judgment under the pseudonym Baughan & Halsted is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).

REASONS FOR JUDGMENT
Revised from transcript

JUDGE CARTER

1. This matter was before me on the 1st of June in the duty list.  On that day, I heard detailed submissions by Counsel, but I was unable to deliver judgment that day, given it was a very busy duty list.  Orders were…