CALHOUN & MERCIER

In *Calhoun & Mercier*, the applicant sought an interim property distribution under s 90SM of the *Family Law Act 1975* (Cth) to cover future legal costs. The respondent opposed this application. The matter came before Le Poer Trench J.

The primary legal issue before the court was whether the circumstances warranted making an interim property distribution for the purpose of funding future legal costs. A secondary issue concerned whether the factors outlined in s 117(2A) of the *Family Law Act 1975* (Cth) justified making an order for costs in favour of either party.

Le Poer Trench J determined that the case was not a "proper case in all the circumstances" to make an interim property distribution under s 90SM for legal costs. The court found that the factors listed in s 117(2A) did not justify making a costs order. Consequently, the applicant's Amended Application in a Case was dismissed. The court then set out a detailed procedure for any subsequent applications for costs, including time limits for filing, supporting affidavits, written submissions, and the requirement to include any offers of compromise. If no application for costs was filed, the costs of the application were to be reserved for determination by the trial judge.