Iannello and Iannello (No.8)

In *Iannello and Iannello (No.8)*, the Federal Circuit Court of Australia considered an application concerning funds held in trust by a legal practice. The dispute involved the parties to the marriage, identified as the Wife and the Husband, and the principal of Bayside Family Law Solutions, the legal practice holding the funds.

The central legal issue before the Court was whether to make an order directing the principal of the legal practice to pay monies held in trust, in the joint names of the parties, as directed by the Wife. This involved considering the Court's power to make such an order and its implications under relevant legislation.

The Court exercised its power under rule 25B.61(c) of the Federal Circuit Court Rules 2001 (Cth) to make the order. This rule permits the Court to direct a legal practitioner to pay money held in trust. The Court explicitly noted that its order was for the avoidance of doubt, to serve as an order of a competent jurisdiction for the purposes of section 138(2) of the Legal Profession Uniform Law (Vic). The Court ordered that the principal of Bayside Family Law Solutions pay the monies held in trust, estimated at $206,731.24, as directed by the Wife. The Wife's costs associated with filing the Application in a Case were to be determined together with the costs in the principal proceeding.