Gandega and Fulmali & Anor

In the matter of *Gandega and Fulmali & Anor*, Foster J of the Family Court of Australia considered applications concerning property and costs, including an application against a third party to the marriage. The dispute involved entitlements between the third party and the husband, which were yet to be determined, and an outstanding application under section 106B of the *Family Law Act 1975* (Cth) concerning the disposition of the husband's shares to the third party.

The court was required to determine whether it was appropriate to make any interim orders in the circumstances, and also considered an application for an order as to "taking accounts" in respect of various financial transactions and records. Furthermore, the court had to determine a claim of legal professional privilege over certain communications.

Foster J reasoned that it was not appropriate to make any interim orders given the unresolved issues regarding the third party's entitlements and the pending section 106B application. The application for "taking accounts" was deemed inappropriate as a Single Expert forensic accountant had already been appointed by the court. Regarding the claim of legal professional privilege, the court found that the communications were transactional in nature, not for the dominant purpose of legal advice, and that their dissemination to others was inconsistent with a claim for privilege, leading to the dismissal of this claim.

Consequently, all interim applications before the court were dismissed.