MARKSON & MARKSON

In the matter of *Markson & Markson*, Judge Scarlett of the Family Court of Australia considered an application for interim property orders. The respondent sought to have certain debts paid from funds held in trust, including private school fees and credit card debts, and also sought an order for legal costs. The applicant opposed these applications.

The court was required to determine whether the proposed payments for school fees and credit card debts constituted matrimonial liabilities that should be discharged from the trust funds on an interim basis. Additionally, the court had to consider the respondent's application for interim legal costs, and the procedural fairness implications of material filed late by the respondent.

Judge Scarlett reasoned that the school fees were a necessary expense for the children and therefore ordered their payment from the trust funds. However, the court found insufficient evidence to support the respondent's claim for legal costs. The court also noted that the respondent had filed an affidavit late, without leave, and that permitting its use would have denied the applicant procedural fairness. Consequently, the court ordered the payment of the school fees and a specific utility bill from the trust funds, but adjourned the application for legal costs.

The court ordered that the applicant and respondent were to authorise Sage Solicitors to pay $1,647.12 for power supplied to Property B, $7,071.00 for school fees to [L] School, and $9,747.00 to [S] School from the controlled monies account within 21 days. The application was adjourned for further mention and directions for final hearing.