WGOC & GH and Anor (No. 2)

Case

[2007] FamCA 1103

2 August 2007


Details
AGLC Case Decision Date
WGOC & GH and Anor (No. 2) [2007] FamCA 1103 [2007] FamCA 1103 2 August 2007

CaseChat Overview and Summary

In the matter of WGOC & GH and Anor (No. 2), Barry J of the Supreme Court of Queensland considered applications concerning the disbursement of funds held in trust by Bradley & Bray Solicitors. The dispute involved the allocation of these funds between various parties, including Legal Aid Queensland, the First Respondent, and the Applicant, and related to costs orders made in previous proceedings.

The court was required to determine the appropriate distribution of funds held in the solicitor's trust account, specifically addressing the payment of costs orders in favour of the Third Respondent, the retention of funds pending the Full Court's determination on the Wife's costs, and the release of funds to the Applicant after the payment of outstanding fees. The court also considered an application made by the Applicant in Form 2 filed on 20 June 2007.

Barry J ordered the immediate disbursement of $792.00 to Legal Aid Queensland in satisfaction of previous costs orders. A sum of $141,226.25 was to be transferred from Bradley & Bray's trust account to Butler McDermott's trust account, to be held pending the Full Court's decision on the Wife's costs of the proceedings. Butler McDermott was granted liberty to invest these funds to achieve the best return, provided the investments complied with Queensland law for trust accounts. Furthermore, $139,495.12 was to be paid from Bradley & Bray's trust account to Mills Oakley Lawyers for the Applicant, after deduction of any outstanding fees. The remaining balance in Bradley & Bray's trust account was to be invested similarly, pending further order. The court made no order pursuant to paragraph 2 of the Applicant's application, and costs were reserved.
Details

Areas of Law

  • Civil Procedure

  • Family Law

  • Equity & Trusts

Legal Concepts

  • Costs

  • Injunction

  • Remedies

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Cases Citing This Decision

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Cases Cited

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Statutory Material Cited

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Casey v Quabba [2006] QCA 187