Sofus and Cethenes and Ors

This matter came before Murphy J concerning a dispute between the wife and the husband. The wife sought leave to make an oral application for an adjournment of the trial, which was part-heard, and for the provision of $20,000 to cover her legal costs for the further hearing.

The court was required to determine whether to grant the wife's application for an adjournment and the provision of funds for her legal representation. Additionally, the court needed to make orders regarding the conduct of the adjourned hearing, particularly in the event the wife failed to secure legal representation or appear. The court also had to address the disbursement of funds held in trust by L Pty Ltd to meet the legal costs of both parties for the adjourned hearing.

Murphy J granted leave to the wife to apply for an adjournment and for the provision of $20,000 for her legal costs. The trial was adjourned to 5 December 2011. The court ordered that if the wife did not secure legal representation, the trial would proceed with her unrepresented, based on her existing filed material. Further, the court ordered that $20,000 be paid from the monies held in trust by L Pty Ltd to the wife's nominated solicitors for her legal representation, and the balance to the husband's solicitors, for the purpose of defraying costs for the adjourned hearing. The court also made orders restraining further withdrawals from the L Trust Account pending further order.

The court further ordered that the wife be granted leave to file a Notice of Address for Service instanter, dispensing with the usual rules of service and directing a Registrar to forward a sealed copy to each party's solicitors. Finally, the solicitors for the second and third respondents were ordered to notify Ms M, a child of the second and third respondents and sister of the respondent wife, of the proceedings, the adjourned hearing, and the orders sought by each party.