WEI & WEI

In the matter of *WEI & WEI*, the Honourable Justice Wilson of the Family Court of Australia considered a property dispute between the parties, where the husband's evidence regarding his legal and equitable interests was found to be deficient. The primary asset for division was a sum of money held in a solicitor's trust account.

The court was required to determine the appropriate approach to dividing the funds in the trust account, given the inadequacy of the husband's evidence. A further issue arose concerning a claim by the wife's former solicitors, J Lawyers Pty Ltd, for unpaid fees, which they asserted by way of an equitable lien over the amount found due to the wife. The court had to consider whether this claim was properly characterised as a "fruits of judgment" lien.

Justice Wilson reasoned that the husband's evidence did not sufficiently demonstrate the existence of legal and equitable interests in accordance with the principles in *Stanford v Stanford*. The court found that the claim by J Lawyers Pty Ltd was not a "fruits of judgment" lien, but rather an enforceable equitable charge. The court ordered that 65% of the funds in the trust account, totalling $113,925.95, be paid to the respondent. The applicant was entitled to the remaining 35%, amounting to $61,344.70, which was subject to an enforceable equitable charge in favour of J Lawyers Pty Ltd. This sum was to be paid forthwith from the trust account to J Lawyers Pty Ltd, and the proceeding was otherwise dismissed.