Irfan and Amin (No 2)

In *Irfan and Amin (No 2)*, the Family Court of Australia considered an application by the wife, Ms Irfan, for interim orders concerning litigation funding, interim spousal maintenance, and the costs of her return to Australia with the parties' children. The husband, Mr Amin, resisted these orders, asserting an inability to pay. The court was required to determine whether the evidence supported the wife's claims for these interim financial orders, particularly in light of the husband's claimed lack of financial capacity.

The court's reasoning focused on the sufficiency of the evidence presented by the wife to establish the husband's capacity to meet the requested orders. Regarding the wife's application for funds to be transferred from the husband's solicitors' trust account and for the husband to fund her repatriation, the court found that there was insufficient clarity regarding the actual funds available in the trust account and the husband's company accounts. Furthermore, the court noted a lack of evidence concerning the cost and practicability of the wife and children's repatriation. In relation to interim spousal maintenance, the court found a lack of demonstrable need on the part of the wife and a perceived lack of capacity on the part of the husband to pay.

Consequently, the court dismissed the wife's applications for litigation funding, interim spousal maintenance, and the costs of her return to Australia. The court indicated that these applications could be revisited at a later date with appropriate evidence. The husband's application to have his name removed from the Airport Watch List was also dismissed, with the balance of his interim applications adjourned.