Bowie and Bartlett (No. 2)

This matter concerned an application by Ms Bowie and Bowie Smith Pty Ltd concerning the representation of Mr Bartlett, dated 20 November 2007. The application was withdrawn and dismissed by the Court. Mr Bartlett was ordered to pay the costs of and incidental to a claim for costs previously determined by judgment on 10 October 2007, with these costs to be assessed on a party and party basis.

The Court was required to determine the legal issues surrounding the quantification of amounts due under previous orders and to make provision for the security of those amounts pending resolution. Specifically, the Court needed to address the disbursement of funds from the sale of a property known as the D1 property, scheduled for settlement on 10 December 2007.

The Court reasoned that pending the resolution and quantification of the amounts due, the solicitors for Mr Bartlett in relation to the D1 property sale were to be restrained from disbursing $50,000 of the proceeds. This sum was to be retained in an interest-bearing account in the joint names of Ms Bowie and Mr Bartlett, managed by Trinity Law. Mr Bartlett was also restrained from instructing his solicitors to disburse any funds from the sale without ensuring this $50,000 was retained. The interest accrued on this sum was to be shared proportionally between the parties. Liberty to apply was granted for the quantification of the amounts, and the matter was adjourned for mention.