Searle and Pencious

In the matter of *Searle and Pencious*, Benjamin J considered an application concerning the payment of costs in family law proceedings. The dispute revolved around the wife's obligation to pay a sum of money to the husband pursuant to an earlier property order, and how a portion of that sum should be secured for the husband's costs, which were yet to be finally determined.

The primary legal issue before the court was whether to grant the husband's application for the wife to pay a specific sum of money into a trust account as additional security for his costs. These costs stemmed from a prior order made in April 2012, and the quantum had not yet been finally assessed. The court also had to determine the terms upon which such security should be held and the ultimate disposition of the funds and any accrued interest.

Benjamin J reasoned that it was appropriate to provide security for the husband's costs, given their undetermined nature. The court ordered that the wife pay $157,833.79 to her solicitor and the husband's solicitor, to be held in a joint interest-bearing trust account. This sum, along with any accrued interest, was to be applied towards the payment of the husband's costs once they were finally assessed. Any remaining balance after the costs were satisfied was to be paid to the wife, with the husband receiving the remainder. The court also granted leave for either party to apply further regarding the order within one year. The husband was ordered to pay the wife's costs of this specific security for costs application.