PRAIN & LEVY

In the matter of *Prain & Levy*, O’Reilly J of the Family Court of Australia considered parenting and property disputes between the husband and wife. The primary parenting dispute concerned the appropriate steps for increasing the children's unsupervised time with the husband, including a progression to overnight stays, and arrangements for the Jewish High Holidays. The property dispute involved an application by the wife for litigation funding for the husband, to be characterised as an addback against him at trial.

The court was required to determine the terms of interim parenting orders that would facilitate a gradual increase in the children's unsupervised time with the husband, culminating in unsupervised time from the commencement of Term 1 2012. It also needed to make orders regarding the children's time with the husband during the High Jewish Holidays, by consent. Furthermore, the court had to decide whether to grant the wife's application for litigation funding for the husband and, if so, the amount and its characterisation for property settlement purposes.

O’Reilly J made detailed interim parenting orders, varying previous orders to allow for unsupervised time with the husband. These orders prescribed a phased increase in the children's time with the husband, commencing with limited weekday and weekend contact and progressing to overnight stays and alternate weekends from the commencement of Term 1 2012. The court also made consent orders regarding the High Jewish Holidays, as detailed in Annexure A, and noted the parties' agreement in principle to share these holidays in the future. The court ordered the wife to provide $250,000 for the husband's litigation costs, to be paid into his solicitor's trust account and characterised as an addback against the husband at trial. An updated family report was ordered to be provided by 30 May 2012 for a review of the parenting orders. The husband's application for spousal maintenance was listed for a separate hearing.