Sappho & Sappho (No. 2)

In the matter of *Sappho & Sappho (No. 2)*, Berman J of the Federal Circuit and Family Court of Australia considered an application by the wife for an interim distribution of property to meet legal costs, and a separate application by the husband for funds to purchase business equipment. The parties were in dispute regarding the quantum of funds to be made available for legal fees, with the husband having recently redrawn a significant sum from the parties' home loan account. The wife also sought further disclosure from the husband concerning certain financial information, which the husband contended had already been provided.

The court was required to determine whether to order an interim distribution of funds from the home loan account to both parties for their respective legal fees. It also needed to consider the husband's request for funds to acquire business equipment, and whether further disclosure was necessary from the husband regarding his financial position. The court also had to address the wife's concern that her solicitors had not yet had sufficient time to review the extensive disclosure provided by the husband.

Berman J accepted the husband's submission that the financial information sought by the wife had been disclosed, and that her solicitors required time to review the recently provided documents. The court was satisfied, based on the husband's affidavit and his counsel's submissions, that a request for invoices had been made to his former solicitors and that the husband's current solicitors had provided advice regarding current and future legal fees. Consequently, the court ordered that a total of $110,000 be redrawn from the home loan account, with $60,000 to be paid to the wife's solicitors and $50,000 to the husband's solicitors, to be used solely for legal fees. The parties were restrained from drawing further from the home loan account without prior written consent, and a previous order was discharged.