Fowles and Fowles

In Fowles and Fowles, the wife sought orders for part property settlement from monies held by Lander & Rogers, and the parties also addressed costs associated with interim proceedings. The matter came before Bennett J.

The primary legal issues before the court were the quantum and distribution of funds for part property settlement, and the procedure for determining costs in relation to interim proceedings. The court also considered the dismissal of certain applications made by the wife.

Bennett J ordered that $150,000 be paid to the wife to reduce her liability to LL Company, and a further $50,000 be paid to the wife for her own use. The court also established a detailed process for any party wishing to make an application for costs, requiring written submissions and allowing for a response and further submissions, with a preference for fixing the quantum of costs rather than proceeding to a formal assessment. The wife's applications and the parties' responses filed in November 2019, December 2019, and February 2020 were otherwise dismissed. The final hearing of the matter was adjourned to a date to be fixed, contingent on the submission of a trial plan.