Ling and Derwen

In the matter of Ling and Derwen, Bennett J of the Federal Circuit Court of Australia considered an application by the wife and a response by the husband concerning child support proceedings. The dispute involved the husband's ability to file and serve responsive documents and the wife's entitlement to costs.

The court was required to determine whether to grant the husband leave to file his response, including an affidavit and financial statement, in reply to the wife's application. Additionally, the court had to decide on the quantum and method of payment for the wife's costs in the child support proceedings, and whether the wife should be entitled to lodge a caveat over a property owned by Derwen Pty Ltd pending payment of those costs.

Bennett J granted the husband leave to file his response and ordered that the husband pay the wife's costs of the child support proceedings in the sum of $15,250. These costs were to be paid by monthly instalments of $1,000 pending the sale of the property at B Street, Suburb A, Victoria, which was noted as standing in the name of Derwen Pty Ltd. Upon settlement of the sale, the remaining costs were to be paid in full. The court further ordered that the wife was entitled to lodge a caveat over the title to the Suburb A property until full payment of costs and any accrued interest, at which point she was to withdraw the caveat at her own expense. Otherwise, the wife's application and the husband's response were dismissed.