MAIN & WALTON

In the matter of *MAIN & WALTON*, heard before Rees J, the applicant sought interim orders for a partial property settlement of $500,000 and $150,000 for litigation funding, pursuant to section 90SM of the *Family Law Act 1975* (Cth). The dispute centred on the applicant's claim for an advance from the marital assets to meet immediate financial needs and litigation expenses, given their unchallenged contributions to the relationship.

The primary legal issue before the court was whether to grant the applicant's request for an interim distribution of property and litigation funding. This required the court to consider the strength of the applicant's case for a partial property distribution and to assess whether the amount sought was appropriate in the context of a likely final property settlement.

Rees J found that the applicant had established an appropriate case for a partial property distribution. The court reasoned that the applicant's contributions to the relationship were unchallenged and that, in a final property settlement, the applicant would likely receive substantially more than the $650,000 sought for interim purposes. Consequently, the court ordered the payment of $650,000 to the applicant by way of partial property settlement from specific funds held in trust. Additionally, the respondent was ordered to pay $10,000 to the applicant on account of their costs for the application.