King and King (No. 2)

In the matter of *King and King (No. 2)*, Justice Austin of the Federal Court of Australia considered an application by the wife for leave to disclose various documents to her solicitors, Herbert Geer Solicitors. The dispute involved a range of financial and legal matters, including the wife's prospective dealings with government bodies such as the Australian Taxation Office and the Australian Securities and Investments Commission, and the potential institution of civil proceedings. The wife sought to provide her solicitors with copies of all documents filed with the court, documents produced to the court on subpoena by various third parties including accountants, insolvency services, and law enforcement agencies, as well as other relevant documents in her possession.

The court was required to determine whether to grant the wife leave to disclose these documents to her solicitors for the purpose of obtaining legal advice. Additionally, the court considered a certificate to be granted to the husband pursuant to section 128 of the *Evidence Act 1995* (Cth) concerning his evidence relating to business financial transactions. The court also addressed an application to vary a previous order of the Federal Magistrates Court regarding a Commonwealth Bank loan secured by property at M and W, and the subsequent use and accounting of funds derived from that loan.

Justice Austin granted the wife leave to provide the specified documents to her solicitors, enabling her to seek advice on her rights, liabilities, and interests. A certificate was granted to the husband under section 128 of the *Evidence Act 1995* (Cth) in relation to his evidence concerning the financial transactions of "[S Shop]" and/or "[S] Pty Ltd" between 1 January 2001 and 28 February 2008. The court varied a prior order to permit the wife to extend a Commonwealth Bank loan by $20,000, with these funds to be paid to the husband's solicitors for his legal fees in the final hearing, and to be taken into account at that hearing. Liberty to apply regarding costs was also granted.