Franke and Long and Ors

In *Franke and Long and Ors*, Benjamin J of the Family Court of Australia considered an interlocutory application for security for costs and the future conduct of proceedings concerning an alleged equitable interest in properties. The applicant wife sought a declaration against the husband regarding an entitlement he may have in properties owned by the second and third respondents, and consequential orders against those respondents.

The primary legal issues before the Court were whether the second and third respondents were entitled to security for costs of the proceedings, and how the claim by the applicant wife against the second and third respondents should proceed. The Court also had to determine whether leave should be granted for the parties to inspect material produced on subpoena to the Queensland Rural Adjustment Authority.

Benjamin J dismissed the interlocutory application for security for costs. In relation to the wife's claim against the second and third respondents, the Court ordered, by consent, that the matter be subject to a pleadings program. This program was to follow a timetable agreed between the parties, or if agreement could not be reached, a timetable determined by the Court, with liberty to apply on seven days' notice. Leave was granted for the parties to inspect the material produced on subpoena to the Queensland Rural Adjustment Authority. The Court also certified that it was reasonable to engage senior counsel and counsel to attend the proceedings.