Bing and Bing and Anor

The Honourable Justice Cronin considered an application by Rockman & Rockman, the wife's solicitors, seeking to secure their costs against the wife's entitlements in ongoing property proceedings. The dispute concerned the firm's entitlement to a charge over the wife's interest in property proceedings, specifically arising from money due to her under orders made by Mushin J on 9 February 2007.

The central legal issue before the Court was whether to grant Rockman & Rockman a charge over the wife's entitlements in the property proceedings to secure their costs, and if so, to what extent and on what terms. The Court was also required to determine the application filed by the firm and the wife's response thereto.

Justice Cronin ordered that the wife forthwith charge in favour of Rockman & Rockman, to the extent of $200,000, her interest and entitlement in the property proceedings. This charge was to be subject to any determination of the Court or agreement between the wife and the firm regarding the ultimate sum due for costs and disbursements. Upon payment of any determined costs, the charge would be discharged. The wife was also ordered to direct her solicitors to hold $200,000, or such other sum as satisfied the costs determination, upon trust pursuant to the charge, upon receiving funds from the property proceedings. The application by the firm and the wife's response were dismissed.