Corelli & Beroni (No 2)

Case [2022] FedCFamC1F 197


FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA

(DIVISION 1)

Corelli & Beroni (No 2) [2022] FedCFamC1F 197

File number(s): ADC 1771 of 2016
Judgment of: MEAD J
Date of judgment: 31 March 2022
Catchwords: FAMILY LAW – PROPERTY – Application for litigation funding either by lump sum or “dollar for dollar” – Where there was a previous application for interim property settlement/interim costs – Where the previous application was dismissed – Where assets owned by the respondent are significantly greater than that of the applicant – Where the applicant seeks an order for property settlement and spousal maintenance – Where the issue of contribution is contentious – Where the issue of future needs is contentious – Where the respondent submits there should be no alteration of his property interests – Where both parties have incurred costs of over $1 million each to date – Where the application is made under s 117 of the Family Law Act – Where counsel for the applicant acknowledges that the applicant will continue to be represented regardless of the outcome of the application – Where the Court finds that both parties prima facie have a case to support their substantive applications – Where the Court has not yet determined whether it is appropriate to alter the property interests of the parties – Where the property pool has not been identified – Where the respondent is in a position to pay the applicants costs if he is unsuccessful – Where the applicant is not in a position to pay the respondent’s costs if she is unsuccessful – Where the Court finds that the Court’s discretion to make an interim costs order has not been enlivened
Legislation: Family Law Act 1975 (Cth) ss 75(2), 79(4), 117, 117(1), 117(2), 117(2A)
Cases cited:

Atkins & Hunt and Ors [2018] FamCA 14

Beroni & Corelli [2021] FamCAFC 9

Corelli & Beroni [2021] FedCFamC1F 125

Norbis & Norbis (1986) FLC 91-712

Rigby & Kingston [2017] FamCA 877

Salvage & Fosse [2020] FamCAFC 144

Stanford & Stanford (2012) FLC 93-518

Division: Division 1 First Instance
Number of paragraphs: 64
Date of hearing: 28 March 2022
Place: Adelaide
Counsel for the Applicant: Mr Whitington QC with Ms Doyle of Counsel
Solicitor for the Applicant: Angela Ferdinandy
Counsel for the Respondent: Ms Nelson QC with Mr Bullock of Counsel
Solicitor for the Respondent: Griffins Lawyers

ORDERS

ADC 1771 of 2016

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)

BETWEEN:

MS CORELLI

Applicant

AND:

MR BERONI

Respondent

ORDER MADE BY:

MEAD J

DATE OF ORDER:

31 MARCH 2022

THE COURT ORDERS THAT:

1.That the Application in a Proceeding filed herein on 18 January 2022 be dismissed.

2.That the question of costs of same be reserved to trial.

3.That the Response to an Application in a Proceeding filed herein on 16 February 2022 be otherwise dismissed.

Note:   The form of the order is subject to the entry in the Court’s records.

Note: This copy of the Court’s Reasons for judgment may be subject to…

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AGLC
Corelli & Beroni (No 2) [2022] FedCFamC1F 197
Case
[2022] FedCFamC1F 197
Decision Date

CaseChat Overview and Summary

Ms Corelli sought an order for litigation funding in the form of either a lump sum or a "dollar for dollar" arrangement, in order to cover her costs of ongoing family law proceedings against Mr Beroni. The Federal Circuit and Family Court dismissed the application, finding that the applicant had not established that the court's discretion to make an interim costs order had been enlivened. The parties had previously disputed interim property settlement and interim costs, with the court finding that both parties prima facie had a case to support their substantive applications. However, the court had not yet determined whether it was appropriate to alter the property interests of the parties, nor had the property pool been identified. Both parties had incurred costs of over $1 million each to date. The court noted that the applicant was not in a position to pay the respondent's costs if she was unsuccessful, and that the respondent was in a position to pay the applicant's costs if he was unsuccessful.

The court considered the relevant legislative provisions, including section 117 of the Family Law Act, and found that the applicant had not made out a case for the court to exercise its discretion to make an interim costs order. The court also noted that the applicant's counsel had acknowledged that the applicant would continue to be represented regardless of the outcome of the application, and that the respondent had submitted that there should be no alteration of his property interests. The court found that the issues of contribution and future needs were contentious, and that the matter was complex. The court reserved the question of costs to trial, and dismissed the application. The court also dismissed the respondent's response to the application, finding that it was otherwise without merit.

Orders

Orders of the court

ADC 1771 of 2016

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)

BETWEEN:

MS CORELLI

Applicant

AND:

MR BERONI

Respondent

ORDER MADE BY:

MEAD J

DATE OF ORDER:

31 MARCH 2022

THE COURT ORDERS THAT:

1. That the Application in a Proceeding filed herein on 18 January 2022 be dismissed.

2. That the question of costs of same be reserved to trial.

3. That the Response to an Application in a Proceeding filed herein on 16 February 2022 be otherwise dismissed.

Note: The form of the order is subject to the entry in the Court’s records.

Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).

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.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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