Hawkins and Hawkins (No. 3)

In *Hawkins and Hawkins (No. 3)*, Kent J of the Family Court of Australia considered applications by the parties concerning the disposition of proceeds from the sale of the former matrimonial home and the funding of legal costs for an upcoming trial. The dispute involved the management of assets and the provision of funds for legal representation for both the husband and wife.

The court was required to determine how the net proceeds of the sale of the former matrimonial property should be handled, specifically whether they should be retained and invested pending further orders. Additionally, the court had to decide on the extent to which the husband should contribute to the wife's legal costs and his own legal costs for the trial, by drawing down from superannuation funds. The court also needed to address the husband's ability to draw down funds for repairs to the former matrimonial home.

Kent J ordered that the net proceeds from the sale of the former matrimonial property, after payment of the mortgage and sale costs, be retained in a trust account and invested in an interest-bearing account in the joint names of the parties. The husband was ordered to pay $30,000 from his superannuation funds to the wife's legal representative for her legal costs, and $25,000 from his superannuation funds to his own solicitor for his legal costs. These funds were to be used solely for legal expenses, with their ultimate categorisation to be determined at trial. The husband was also authorised to draw down further funds from superannuation to cover the cost of repairs to the former matrimonial home necessary for its sale.