DISHI & DISHI

The parties in this matter were DISHI & DISHI, with the case heard by Tree J. The dispute concerned an application to re-open reserved interim property orders due to a newly arisen land tax liability, and also involved an application for a litigation funding order.

The court was required to determine whether it was in the interests of justice to re-open the previously reserved interim property orders in light of the land tax liability. Additionally, the court had to consider whether to make an order for litigation funding, by way of an interim property division, given the husband's stronger financial position and the wife's inability to meet her litigation costs.

Tree J reasoned that the emergence of the land tax liability constituted a material change in circumstances that warranted re-opening the reserved interim property orders to ensure a just and equitable outcome. Regarding the litigation funding, the court found that an interim property settlement in the wife's favour was appropriate to address her financial disadvantage in meeting legal expenses, thereby promoting procedural fairness.

The court made orders for an interim property settlement in the wife's favour, which included provision for her litigation costs. The reserved interim property orders were also re-opened to account for the land tax liability.