TON & VU

In the matter of TON & VU, the applicant sought an interim costs order of $250,000 from the respondent to cover her legal fees for an upcoming final hearing concerning parenting matters and the court's jurisdiction to make orders under s 90SM of the *Family Law Act 1975* (Cth). The respondent sought dismissal of the applicant's application. The proceedings were heard by Johns J.

The central legal issue before the court was whether to grant an interim costs order pursuant to s 117 of the *Family Law Act 1975* (Cth) to ensure the applicant's legal representation at the final hearing. This required the court to assess the arguable and well-founded nature of the applicant's claims regarding the duration of the parties' de facto relationship and her entitlement to make a claim under s 90SM.

Johns J determined that the applicant's claims were indeed arguable and well-founded, making it just to grant an interim costs order. The court reasoned that such an order was necessary to ensure the applicant could be adequately represented at the final hearing. Consequently, the court ordered the respondent to pay $85,000 to the applicant's solicitors, to be held in trust solely for the applicant's legal costs of the proceedings. The application in a case filed on 24 September 2020 was otherwise dismissed.