Fong & Guo

In the matter of *Fong & Guo*, Ms Fong was the applicant and Mr Guo was the respondent. The dispute concerned an interim application by the respondent for security for costs. The application was heard by Rees J in the Family Court of Australia.

The primary legal issue before the court was whether an order for security for costs should be made against the applicant. This required the court to consider whether the applicant's case, specifically as to the existence of a de facto relationship, was so devoid of merit that it should be prevented from proceeding by such an order.

Rees J dismissed the respondent's application for security for costs. The court reasoned that, having regard to all relevant matters under Rule 19.05 of the Family Law Rules 2004 (Cth), it was not satisfied that the applicant's case was so devoid of merit as to warrant preventing her from pursuing it through an order for security for costs. The court noted that the applicant was not a corporation and neither party was in receipt of legal aid. The respondent's estimated future costs were $40,000.