Corelli & Beroni (No 2)

[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…