Kouvades and Kouvades & Anor

The parties in this matter were the wife and the husband, with the court being the Federal Circuit and Family Court of Australia. The dispute concerned litigation funding, specifically whether the court should order that payment be made and characterised at trial or designate the power being exercised presently.

The central legal issue before the court was the appropriate time and manner for ordering litigation funding. The court was required to determine whether to exercise its power under section 117 of the *Family Law Act 1975* (Cth) to order litigation funding at that stage, or to defer such an order until trial.

In reaching its decision, the court exercised its power under section 117 of the *Family Law Act 1975* (Cth). The court ordered that the net proceeds, after certain specified payments, be provided to the wife. These funds were to be paid out at her designation to her lawyers as litigation funding.