Verdon & Verdon

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.