Fowles and Fowles (No. 3)

In *Fowles and Fowles (No. 3)*, Bennett J of the Family Court of Australia considered an application by the wife concerning the disposition of funds received by the husband's solicitors. The dispute arose in the context of ongoing family law proceedings, where the wife sought an order for a portion of monies paid to the husband's legal representatives to be paid to her.

The central legal issue before the court was whether to make an interlocutory order directing the husband's solicitors to pay a proportion of funds received from their client to the wife's solicitors. This was to be applied towards specific liabilities of the former matrimonial home, namely owner's corporation or body corporate fees and instalments due under a mortgage to Westpac Banking Corporation.

Bennett J reasoned that such an order was appropriate in the circumstances to ensure that the former matrimonial home was maintained and that secured creditors were paid. The court ordered that until further order, the husband's solicitors, Taussig Cherrie Fildes, were to pay 30 per cent of any monies received from the husband to the wife's solicitors, Lander & Rogers. These funds were to be applied first in reduction of owner's corporation or body corporate liabilities relating to the former matrimonial home, with any balance to be applied in reduction of instalments due to Westpac Banking Corporation under the mortgage. Liberty was reserved for the husband's solicitors to apply to vary or set aside this order.