Ogilvy and Ogilvy

In the matter of *Ogilvy and Ogilvy*, Forrest J of the Family Court of Australia considered applications made by the applicant wife concerning pleadings, litigation costs funding, and disclosure. The dispute arose within proceedings initiated by the wife on 3 August 2016.

The court was required to determine the appropriate form and content of the wife's Points of Claim, the necessity for particulars to define issues and prevent surprise at trial, and the husband's obligation to file a Points of Defence. Additionally, the court addressed the wife's application for interlocutory funding for legal costs and her application for further disclosure orders.

Forrest J ordered that the wife file and serve a Points of Claim within 28 days, detailing the specific provisions of section 90K of the *Family Law Act* and any contentions of law relied upon, along with material facts supporting her claim. This document was to include particulars necessary to define issues, prevent surprise, and enable the husband to respond, particularly concerning allegations of fraud, duress, unconscionable conduct, or undue influence. If relevant information was contained within the wife's affidavit of 12 October 2016, it would suffice to reference the paragraph number. The husband was then to file and serve a Points of Defence within 28 days of service of the Points of Claim.

In relation to litigation costs funding, the husband was ordered to pay $190,000 to the wife's solicitors' trust account within 28 days, to be used solely for her legal costs and outlays. The wife's applications for disclosure orders were dismissed. The matter was adjourned for further directions.