EVETT & LAO

In the Supreme Court of Queensland, Foster J considered an application by Mr Evett, a solicitor, seeking to establish a lien over monies payable to his client, the Wife, in a family law proceeding. The dispute arose from the Wife's intention to transfer her interest in a property to the Husband, pursuant to orders made on 27 May 2015, in exchange for a payment of $100,000. Mr Evett sought to secure his costs from these funds.

The primary legal issue before the court was whether Mr Evett, as the Wife's solicitor, was entitled to a solicitor's lien over the $100,000 payable to the Wife, and if so, to what extent and how that lien should be enforced. The court was also required to determine the appropriate mechanism for securing Mr Evett's costs, including the possibility of registering a caveat over the Wife's interest in the property.

Foster J granted Mr Evett leave to proceed ex parte and ordered that he have a lien to the extent of $100,000 over the monies payable to the Wife. The court directed that Mr Evett take all necessary steps to ensure the Husband paid the $100,000 directly to him, to be held in a controlled monies account pending agreement or assessment of his costs. Upon determination of the costs, Mr Evett was permitted to deduct his fees from the controlled monies account, with the balance to be paid to the Wife. Furthermore, the court granted Mr Evett a charge over the Wife's interest in the property and liberty to register a caveat to secure his lien. The Wife was ordered to pay the Applicant Solicitor's costs of the application.