R Lawyers and Sresbodan and Ors

[2015] FamCA 523

FAMILY COURT OF AUSTRALIA

R LAWYERS & SRESBODAN AND ORS [2015] FamCA 523

FAMILY LAW – COSTS – Where a law firm seeks orders that an amount be set aside from the husband’s funds pending resolution of a dispute between them as to their fees – Where the dispute is not yet resolved – Where the holder of the monies subject to the dispute is changed.

APPLICANT: Mr O, Mr P and Mr Q trading as R Lawyers

FIRST RESPONDENT: Mr Sresbodan

SECOND RESPONDENT:	Mr Vanin
THIRD RESPONDENT:	Mr Cox

FILE NUMBER: SYC 6323 of 2010

DATE DELIVERED: 6 July 2015

PLACE DELIVERED: Sydney

PLACE HEARD: Sydney

JUDGMENT OF: Aldridge J

HEARING DATE: 25-29 August 2014;
3 and 20 February 2015; 26 March 2015; 10 April 2015

REPRESENTATION

SOLICITOR FOR THE APPLICANT: R Lawyers

SOLICITOR FOR THE FIRST 

RESPONDENT:

Mr Sresbodan in person

COUNSEL FOR THE SECOND AND THIRD RESPONDENTS:	Ms Judge
SOLICITOR FOR THE SECOND AND THIRD RESPONDENTS:	Watson & Watson Solicitors

Orders

(1)That the first respondent’s name on the court record be amended to ‘Mr Sresbodan’.

1. That from the husband’s share of the husband’s interest in the controlled monies account holding the proceeds of sale of N Street, Suburb K, subject to further order of this court and pending determination of the proceedings between R Lawyers and Mr Sresbodan, $93 786.81 to R Lawyers is to be held by them subject to the orders of Watts J made on 4 April 2011.

IT IS NOTED that publication of this judgment by this Court under the pseudonym R Lawyers & Sresbodan and Ors has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

FAMILY COURT OF AUSTRALIA AT SYDNEY

FILE NUMBER: SYC 6323 of 2010

Mr O, Mr P and Mr Q trading as R Lawyers

Applicant

And

Mr Sresbodan

1^st Respondent

And

Mr Vanin
2^nd Respondent

And

Mr Cox

3^rd Respondent

REASONS FOR JUDGMENT

1. On 27 August 2014 I ordered that these proceedings be heard with proceedings SYF 4345/2006 and that evidence in each matter be evidence in the other. This judgment needs to be read in conjunction with it.

2. I note that the first respondent is incorrectly named on the record as being ‘Mr… Sresbodan’. I will make an order that the first respondent’s name on the court record be amended to ‘Mr… Sresbodan’.

3. R Lawyers were present intermittently during the hearing but not present when final submissions were made.

4. In the judgment in SYF 4345/2006 I said at [158] – [160]:

   158. In proceedings SYC 6323/2010 [Mr P], [Mr O] and [Mr Q] trading as [R Lawyers] sought an order that $93 786.81 be set aside from the husband’s funds pending resolution of a dispute between them as to their fees.

   159.On 4 April 2011, Watts J ordered:

   Pending further order, the solicitors for the wife retain the amount of $93,786.81 in the controlled monies account of the solicitors for the wife as funds that are not to be released until the resolution of any dispute between [R Lawyers] and the husband in respect of outstanding fees and any other cross-claim that the husband may seek to bring against [R Lawyers].

   160.That dispute is not yet resolved. There is no need, therefore to make any other order at this stage. The order should be varied, however, as the solicitors referred to in the above order and who currently have the control of the CMA no longer have any connections with the proceedings.

5. Accordingly, the order of Watts J made on 4 April 2011 will be varied to change the holder of the controlled monies account but there will be no other order.

I certify that the preceding five (5) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Aldridge delivered on 6 July 2015.

Associate:

Date:  6 July 2015