Fernie and Mercer

[2014] FCCA 1502

FEDERAL CIRCUIT COURT OF AUSTRALIA

FERNIE & MERCER [2014] FCCA 1502

Catchwords:
FAMILY LAW – Property – costs – application for interim orders – application for interim property order to defray legal costs – where costs already incurred – costs of Independent Children’s Lawyer.

Legislation:

Family Law Act 1975 (Cth), ss.62G, 68L, 79, 80

Cases cited:
Re K (1994) 17 Fam LR 537; FLC 92-461
Strahan & Strahan [2009] FamCAFC 166; (2009) 241 FLR 1; (2011) FLC 93-466

Applicant: MS FERNIE

Respondent: MR MERCER

File Number: SYC 7344 of 2012

Judgment of: Judge Scarlett

Hearing date: 8 July 2014

Date of Last Submission: 8 July 2014

Delivered at: Sydney

Delivered on:  17 July 2014

REPRESENTATION

The Applicant: In person

Counsel for the Respondent: Ms McIntosh

Solicitors for the Respondent: JNT Legal

ORDERS

1. The Applicant and the Respondent must forthwith do all such things and sign all necessary documents and give all authorisations to cause the sum of $25,000.00 to be released to the Respondent from the controlled moneys account that is being held by [M] Lawyers on behalf of the parties and which holds the net proceeds of sale of the parties’ former home at Property L in the State of New South Wales such sum to be paid by a bank cheque to the Respondent’s solicitors JNT Legal.

2. The Applicant and the Respondent must forthwith do all such things and sign all necessary documents and give all such authorisations to cause the sum of $1,650.00 to be released to the Respondent from the said controlled moneys account that is being held by [M] Lawyers on behalf of the parties such sum to be paid by a bank cheque payable to the Legal Aid Fund and forwarded to the Respondent’s solicitors.

3. The Respondent’s solicitors must forward the bank cheque for $1,650.00 payable to the Legal Aid Fund referred to in the immediately preceding Order to Legal Aid New South Wales at 323 Castlereagh Street, Sydney forthwith upon receiving the said bank cheque.

IT IS NOTED that publication of this judgment under the pseudonym Fernie & Mercer is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYC 7344 of 2012

MS FERNIE

Applicant

And

MR MERCER

Respondent

REASONS FOR JUDGMENT

Application

1. This is an Application by the Respondent for interim orders providing that a total sum of $26,500.00 may be paid out of joint funds held in a controlled moneys account by a firm of solicitors to be applied towards the following purposes:

   a)as to the sum of $25,000.00, to his solicitors to go toward his legal fees; and

   b)as to the balance of $1,650.00 to be paid to Legal Aid New South Wales as his initial contribution towards the costs of the Independent Children’s Lawyer in respect of the parenting proceedings between the parties.

2. The Applicant opposes this Application.  

Background

1. The parties have been engaged in litigation since December 2012.

2. The parties commenced living together in January 1997. They…