Maslen & Maslen

The case of *Maslen & Maslen* involved an application by the wife for litigation funding. The dispute concerned property settlement and parenting issues between the wife and the husband. The matter had commenced in the Federal Circuit Court of Australia and was subsequently transferred to the Family Court of Australia. The wife sought an order for litigation funding to cover her legal costs, while the husband opposed such an order, arguing he had limited resources and had already made significant payments.

The primary legal issue before Mead J was whether to grant the wife's application for litigation funding, considering the husband's financial position and control over the parties' assets, particularly a retail business which generated income for both parties and their four children. The court was required to determine if an order for interim property settlement or costs, including a "dollar for dollar" order, would be just and equitable in the circumstances, and whether the husband had the capacity to satisfy such an order.

Mead J considered the evidence regarding the parties' financial circumstances, including the husband's substantial payments towards spousal maintenance, child support, and legal costs, as well as his ongoing tax debt and limited cash flow from the business. The court noted the husband's assertion that he had no identifiable source of funds to satisfy an interim property settlement or costs order. Crucially, the court was not persuaded that an interim property settlement order would be just and equitable, given the husband's financial constraints and the lack of a clear mechanism for him to meet such an obligation.

Consequently, the court dismissed the wife's application for litigation funding. The formal orders indicate that paragraphs 3 and 4 of the wife's response to the application were dismissed.