Verdon & Verdon

Case [2020] FamCA 824


FAMILY COURT OF AUSTRALIA

VERDON & VERDON [2020] FamCA 824

FAMILY LAW – EXPERT EVIDENCE – husband’s application to rely on an adversarial witness – application granted.

FAMILY LAW – PART PROPERTY – several prior orders already made – wife seeking $500,000 – husband agreeing to pay $348,288.63 – just and equitable to make order for $500,000 so as to enable wife to pay all legal costs previously incurred and a further sum.

FAMILY LAW – LITIGATION FUNDING – wife seeking a further amount on top of $500,000 – husband proposing a dollar-for-dollar order – review of authorities – held, litigation funding’s purpose is for meeting costs actually incurred and not for costs yet to be incurred – review of authorities – dollar-for-dollar order doubted – application for litigation funding order refused.

Evidence Act 1995 (Cth) s 135
Family Law Act 1975 (Cth) ss 74, 79, 80, 114, 117
Family Law Rules 2004 (Cth) rr 1.12, 15.42, 15.49(2), 15.51, 15.52
Statute of Gloucester 1278, 6 Edw 1
Atkins & Hunt [2018] FamCA 14
Bing & Bing [2007] FamCA 418
Breen v Breen (1990) 65 ALJR 195
Cachia v Hanes (1994) 179 CLR 403
Cao & Trong (No 2) [2019] FamCA 941
Casley & Casley (Costs) [2010] FamCAFC 189
Colgate Palmolive Co v Cussons Pty Ltd (1993) 46 FLR 225
Dasreef Pty Ltd v Hawchar (2011) 243 CLR 588
Esdale v Schenk (2012) 46 Fam LR 547
Fitzgerald v Fish (2005) 33 Fam LR 123
G & T (2003) 32 Fam LR 101
Gabel & Yardley (2008) 40 Fam LR 66
Gronow v Gronow (1979) 144 CLR 513
Guild & Stasiuk [2020] FamCA 348
Hamod v New South Wales [2011] NSWCA 375
I Limited & Chester and Ors (Costs) [2011] FamCAFC 51
In the Marriage of Burridge (1980) 6 Fam LR 513
In the Marriage of Harris (1993) 16 Fam LR 579
In the Marriage of Hogan (1986) 10 Fam LR 681
In the Marriage of Poletti (1990) 15 Fam LR 794
In the Marriage of Ramsey (No 2) (1983) 8 Fam LR 1005
In the Marriage of Slapp (1989) 13 Fam LR 158
In the Marriage of Wilson (1989) 13 Fam LR 205
In the Marriage of Zschokke (1996) 20 Fam LR 766
Iphostrou & Iphostrou [2011] FamCA 20
Jamine & Jamine (Costs) [2010] FamCAFC 191
Judd & Treasure [2018] FamCA 50
Klearchos & Klearchos [2015] FamCAFC 217
Lindon v Commonwealth (No 2) (1996) 70 ALJR 541
Makita (Australia) Pty Ltd v Sprowles (2001) 52 NSWLR 705
Marshall v Director-General, Department of Transport (2001) 205 CLR 603
McLean v McLean (unreported) 30 January 2003
McNamara (McGrath) v Consumer, Trader and Tenancy Tribunal (2005) 221 CLR 646
Metwally v University of Wollongong (1985) 59 ALJR 481
Mullane v Mullane (1983) 158 CLR 436
New Zealand Flax Investments Ltd v Federal Commissioner of Taxation (1938) 61 CLR 179
Nguyen v Nguyen (1990) 169 CLR 245
Ogden Industries Pty Ltd v Lucas [1970] AC 113
Oscar & Traynor [2008] FamCAFC 158
Paris King…

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Verdon & Verdon [2020] FamCA 824
Case
[2020] FamCA 824
Decision Date

CaseChat Overview and Summary

In *Verdon & Verdon*, heard by Wilson J, the dispute concerned the division of property and related litigation funding in a family law matter. The wife sought an order for $500,000, while the husband had agreed to pay $348,288.63. The wife also sought an additional sum for litigation funding.

The court was required to determine whether it was just and equitable to order the husband to pay $500,000 to the wife, and whether a further order for litigation funding should be made. The court also considered an application by the husband to rely on adversarial witness evidence.

Wilson J found that it was just and equitable to make an order for $500,000, which would enable the wife to cover her legal costs already incurred and a further sum. Regarding the application for litigation funding, the court reviewed relevant authorities and held that the purpose of such funding is to meet costs actually incurred, not those yet to be incurred. Consequently, the court doubted the appropriateness of a dollar-for-dollar order for future costs and refused the wife's application for further litigation funding. The husband's application to rely on adversarial witness evidence was granted. The parties were directed to bring in an agreed minute giving effect to these reasons by 4pm on 7 October 2020.

Orders

Orders of the court

1.

On or before 4pm on 7 October 2020 the parties are to bring in an agreed minute that gives effect to these reasons.

Note: The form of the order is subject to the entry of the order in the Court’s records.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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