Phillips and Phillips

In the matter of *Phillips and Phillips*, heard before Barry J of the Family Court of Australia, the wife sought to set aside consent orders for property settlement and a financial agreement. The husband sought security for costs from the wife in relation to these applications.

The primary legal issue before the court was whether the wife should be ordered to provide security for the husband's costs, and if so, in what amount and on what terms. The court was also required to determine the consequences of the wife's compliance or non-compliance with any order for security.

Barry J ordered that the wife pay $150,000 to the Collector of Public Monies within seven days, to be held as special public monies in an interest-bearing account in her name, subject to further order. The court further ordered that if the wife was unable or unwilling to comply with this security for costs order, her application to set aside the consent orders and financial agreement would be stayed until compliance. The previously scheduled trial dates were vacated, and the wife's application was to be relisted by a Registrar only upon her compliance with the security for costs order.