SOMERS& ETTRIDGE

In the Family Court of Australia, Johns J considered interim applications made by the applicant, Mr. Somers, and the respondent, Ms. Ettridge. Mr. Somers sought $14,500, disclosure from Ms. Ettridge despite prior disclosure orders, and litigation funding. Ms. Ettridge proposed that Mr. Somers be permitted to extend a loan facility against their real property up to $50,000.

The court was required to determine the validity of Mr. Somers' applications for disclosure and litigation funding, and to consider Ms. Ettridge's proposal regarding the loan facility. The legal issues also encompassed the appropriate interim orders to be made concerning the parties' real property and superannuation fund.

Johns J reasoned that the issue of disclosure would be determined by the trial judge, and that Mr. Somers' application for litigation funding failed in accordance with section 117 of the *Family Law Act 1975* (Cth). The court made orders restraining Mr. Somers from dealing with the real property and the parties' self-managed superannuation fund. Crucially, the court permitted Mr. Somers to borrow $50,000 against the real property, to be characterised as part property settlement, with Mr. Somers to meet all repayments. The court also ordered that Mr. Somers permit a valuer access to inspect the real property.