Chtibi & Chtibi

This matter concerned an application by a former legal representative, Mr G, for a solicitor's lien over funds potentially payable to the wife, Ms A Chtibi, in ongoing family law proceedings against her husband, Mr B Chtibi. The dispute arose from outstanding costs owed by the wife to her former solicitor, who had attended a two-day hearing that was adjourned part-heard. The wife had also lodged a professional conduct complaint against her legal representative.

The primary legal issue before the Court was whether it was appropriate to make an order for a lien over certain funds that might become due and payable to the wife under property orders, pending the resolution of the dispute concerning her liability for her former solicitor's costs.

Foster J reasoned that it was appropriate to grant the solicitor's lien to secure the outstanding costs. The Court applied the principles relating to a solicitor's lien, which allows a legal practitioner to retain possession of a client's property or seek a charge over property recovered or preserved for the client to secure payment of costs. The Court considered the wife's professional conduct complaint but determined that the need to secure the legal representative's costs was paramount in the interim.

The Court ordered that the wife be restrained from receiving any payment of money or transfer of property pursuant to any partial or final property orders, except as otherwise provided. It further ordered that if the husband was ordered to pay a sum of money to the wife, or a sum for costs, the wife was to deposit up to $25,778.50 into a controlled money account nominated by the intervener prior to receiving any such payment. The intervener was to hold these monies in trust on account for the wife pending the determination of the costs dispute. The Court also made provisions for the intervener to be heard if consent orders were sought and for the relisting of proceedings if the applications were discontinued.