Millman & Millman

In *Millman & Millman*, the applicant wife sought an interim lump sum payment from the respondent husband on account of litigation funding, while the husband sought the dismissal of her application. The matter came before Berman J in the Federal Circuit and Family Court of Australia, with the final hearing listed for November 2021.

The court was required to determine whether to grant the wife's application for interim litigation funding, considering a previous order for litigation funding had been made. Key issues included the wife's ability to pay her legal fees, the husband's capacity to fund the litigation, and the reasonableness of the amount sought for counsel fees.

Berman J reasoned that the wife had an arguable case and had been unable to pay her legal fees as they were incurred, whereas the husband had been able to meet his. The court found that the amount sought for anticipated counsel fees was reasonable and not irreversible. The judge noted the significant mistrust between the parties and the husband's control over valuable property contributed to the situation. Consequently, the court ordered the husband to pay $77,000 to the wife's solicitors' trust account within 30 days as an interim property settlement to enable the wife to secure senior counsel. The court also made detailed procedural orders to ensure readiness for the final hearing.