NICKSON & KESSELL

In *Nickson & Kessell*, heard by Rees J, the applicant sought litigation funding to pursue proceedings that had been filed out of time. The application for funding was made under section 117 of the *Family Law Act 1975* (Cth).

The central legal issues before the court were whether to grant leave to file the proceedings out of time, whether the applicant's case was sufficiently arguable to warrant an order for litigation funding, and whether to make orders for specific disclosure and to restrain the respondent from dealing with funds in a particular bank account.

Rees J reasoned that it was likely the applicant would be granted leave to file out of time and that her case was sufficiently arguable to justify an order for litigation funding. Consequently, the court ordered the respondent to pay the applicant $100,000 towards her litigation funding, pursuant to s 117(2) of the *Family Law Act 1975* (Cth). The court also made orders for specific disclosure, requiring the respondent to provide a list of documents to the applicant's lawyers within seven days. Additionally, the respondent was restrained from dealing with funds in a specified ANZ bank account without first giving the applicant 28 days' notice, other than for the purpose of complying with the disclosure order. These orders were made upon the applicant giving an undertaking as to damages.