Marsh & Marsh

[2014] FamCA 361

FAMILY COURT OF AUSTRALIA

MARSH & MARSH [2014] FamCA 361

FAMILY LAW – LEGAL PRACTITIONERS – Solicitor lien – Nature of lien – Where the applicant, by an Application in a Case, sought orders that certain sums held in two separate trust accounts be paid to him on account of his fees – Relevant authorities cited – Where a lien can only arise if there is a sufficient causal link between the solicitor’s exertions and the recovery of the fund of money – Where the Court determined that only one sum of money held in trust was paid as a result of the proceedings taken before an interim property settlement or costs order in which the solicitors acted – Where that sum of money was obtained for the respondent through the actions of the applicant, and therefore there is the necessary causal link between the industry of the solicitor and the funds – Where the same cannot be said for the second sum of money paid into a different trust account – Where there is no evidence that establishes that the second sum was obtained as a result of the actions of the applicant – Where the purpose of a solicitor’s lien is not to create a general security over the assets of the client but is limited to the specific circumstances set out in Firth & Centrelink (2002) NSWSC 564.

Family Law Act 1975 (Cth)

Firth & Centrelink (2002) NSWSC 564
Jackson & Richards (2005) NSWSC 630

APPLICANT: Mr Majumdar

RESPONDENT: Ms Marsh

FILE NUMBER: SYC 3464 of 2009

DATE DELIVERED: 20 May 2014

PLACE DELIVERED: Sydney

PLACE HEARD: Sydney

JUDGMENT OF: Aldridge J

HEARING DATE: 20 May 2014

REPRESENTATION

SOLICITOR FOR THE APPLICANT: Mr Davies

THE RESPONDENT IN PERSON: No appearance

Orders

1. That the sum of $250,000, together with any accrued interest being the proceeds of the sale of the property LL Street, KK Town, presently held in the Champion Legal Controlled Monies Account pursuant to Orders of this Court made on 12 July 2013, shall be paid to the applicant. 

2. That Order 1 above is stayed up to and including 24 June 2014.

3. That liberty is granted to the respondent, Ms Marsh, to apply to set aside Order 1 hereof or, to seek a further stay, upon forty-eight (48) hours’ notice. 

4. That a copy of these Orders are to be served upon the respondent, Ms Marsh, either personally or by leaving the documents at … MM Street, K Town. 

5. That leave is granted to the applicant to file an application for costs in respect to this application.   Such application is to be served upon Ms Marsh as soon as practicable and evidenced by an affidavit of service. 

6. That, providing the Court is satisfied the respondent, Ms Marsh, has been served with the application for costs, that application is listed before me at 9.30am on Friday 13 June 2014 to be dealt with.

IT IS NOTED that publication of this judgment by this Court under the pseudonym