Wei & Wei (No 3)

This matter came before the Honourable Justice Wilson in the Family Court of Australia concerning a property dispute between the applicant and respondent. The primary issue was the division of the parties' property, with the only remaining asset being funds held in a solicitor's trust account. The court also considered a claim by the wife's former solicitors, J Lawyers Pty Ltd, for unpaid fees.

The court was required to determine the proper approach to dividing the funds in the solicitor's trust account, given deficiencies in the husband's evidence regarding his legal and equitable interests in accordance with the principles in *Stanford v Stanford*. A further legal issue was the characterisation of J Lawyers Pty Ltd's claim over the funds, which they asserted by way of a solicitor's equitable lien, and whether this claim constituted a "fruits of judgment" lien.

Justice Wilson found that the husband's evidence was insufficient to establish his claimed legal and equitable interests. The court determined that J Lawyers Pty Ltd's claim was not properly characterised as a "fruits of judgment" lien, but rather as an enforceable equitable charge over the funds found to be due to the wife. The court ordered that the respondent (wife) receive 65% of the funds in trust, totalling $261,761.54. The applicant (husband) was entitled to 35%, amounting to $140,948.52. This latter sum was subject to an enforceable equitable charge in favour of J Lawyers Pty Ltd, to whom $133,765.39 was ordered to be paid forthwith from the trust accounts. The remaining balance of $7,183.13 was to be paid to the applicant. The proceeding was otherwise dismissed.