King and King

In the matter of *King and King*, Dessau J of the Federal Court of Australia considered an application to vary existing orders made by the Federal Magistrates’ Court. The dispute concerned the provision of funds to the wife for legal costs associated with the proceedings.

The primary legal issue before the Court was whether to vary the existing orders to permit the wife to extend mortgage facilities on two properties, thereby raising $100,000. This sum was intended to be paid to her solicitors to cover costs and expenses incurred in the proceedings. The Court was also required to determine how this $100,000 sum should be characterised by the trial judge and to reserve the wife's costs of the day.

Dessau J reasoned that it was appropriate to vary the previous orders to allow the wife to access the necessary funds for her legal representation. The Court ordered that paragraph 4 of the Federal Magistrates’ Court orders of 15 September 2008 be varied to permit the wife to extend the mortgage facilities on the properties at W and M to raise $100,000. This amount was to be paid to her solicitors, Berry Family Law, and applied towards her costs and expenses in the proceedings. The Court further ordered that the characterisation of the $100,000 drawn by the wife would be determined by the trial judge, and the wife's costs of the day were reserved to the trial judge. Finally, the Court directed that its reasons for judgment be transcribed and retained on the court file, and that the matter reasonably required the attendance of counsel pursuant to the Family Law Rules.