SUMMERFIELD & SUMMERFIELD
Case
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[2015] FamCA 368
•19 May 2015
Details
AGLC
Case
Decision Date
SUMMERFIELD & SUMMERFIELD [2015] FamCA 368
[2015] FamCA 368
19 May 2015
CaseChat Overview and Summary
This matter came before Forrest J in the Federal Circuit and Family Court of Australia concerning an application for interim litigation costs funding. The parties involved were the husband and the wife, who were engaged in proceedings identified as BRC7225 of 2009. The wife sought further interim litigation costs funding from the husband, as well as a specific sum of $6,916.75.
The primary legal issue before the court was whether to grant the wife's application for further interim litigation costs funding under section 117(2) of the *Family Law Act 1975* (Cth). The court was also required to determine the wife's separate application for a specific sum of $6,916.75.
Forrest J ordered that the husband pay $50,000 to the trust account of the wife's solicitors within 21 days. This sum was to be disbursed by the solicitors for outstanding and future legal costs and outlays incurred by the wife in the proceedings. The solicitors were also ordered to provide the husband with written details of the disbursement of these funds upon request. The court reserved the characterisation or treatment of the funds received into the trust account for the Trial Judge. The wife's further application for $6,916.75 was dismissed.
The primary legal issue before the court was whether to grant the wife's application for further interim litigation costs funding under section 117(2) of the *Family Law Act 1975* (Cth). The court was also required to determine the wife's separate application for a specific sum of $6,916.75.
Forrest J ordered that the husband pay $50,000 to the trust account of the wife's solicitors within 21 days. This sum was to be disbursed by the solicitors for outstanding and future legal costs and outlays incurred by the wife in the proceedings. The solicitors were also ordered to provide the husband with written details of the disbursement of these funds upon request. The court reserved the characterisation or treatment of the funds received into the trust account for the Trial Judge. The wife's further application for $6,916.75 was dismissed.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Costs
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Injunction
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Jurisdiction
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Remedies
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