Selwood and Selwood and Ors (No 2)

In *Selwood and Selwood and Ors (No 2)*, Dawe J of the Supreme Court of Victoria was required to determine the distribution of funds held in a trust account following property settlement and other financial orders made between the parties. The dispute concerned the allocation of a substantial sum held by Withnalls Lawyers, arising from previous court orders concerning property settlement and amounts due under separate orders.

The primary legal issue before the Court was how to distribute the funds in the trust account in accordance with the existing orders of the Court. This involved determining the priority and quantum of payments to be made to the wife, the retention of funds pending the determination of costs orders related to an unsuccessful appeal, and the ultimate distribution of any remaining balance to the husband, subject to certain conditions.

Dawe J reasoned that the distribution should reflect the existing financial obligations established by prior court orders. The Court ordered that a significant portion of the funds be paid to the wife in satisfaction of property settlement orders and on account of amounts due under subsequent orders. A further sum was to be retained in trust pending the resolution of costs associated with an unsuccessful appeal, with the balance to be paid to the husband only upon his compliance with a specific prior order. Save for the issue of costs, the applications and responses before the Court were dismissed.