Complex Financial Matters Perth Family Law

Costs for Legal Fees/Litigation Funding: If one party does not have sufficient funds to pay for necessary legal fees the court can make an order for the other party to make available funds for legal fees.

In Zschokke and Zschokke (1996) FLC 92-693 (“Zschokke”), if it is apparent one of the parties controls a vast pool of assets then the Court can order the provision of funds by the holder of those assets to enable the other party to continue on with litigation.

“Where property settlement proceedings under s 79 are pending, the Court may pursuant to the provisions of s 80(1)(h) (and independently of the power in s 117(2) to make a costs order) require the party who controls most of the assets of the parties to provide the other party with funds to conduct his or her case, with the provision of such funds then being a matter to be taken into account in the final settlement of property between the parties.”

In (“Zschokke”) five criteria were identified as being appropriate to consider making an order for litigation funding.

  1. Complexity in the respondent’s financial affairs
  2. The need for expert investigation into those affairs
  3. A position of financial strength on the part of the respondent
  4. A capacity on the part of the respondent to meet her own costs
  5. An inability on the part of the applicant to meet her costs.

Are you entitled to litigation funding? We can discuss this in your reduced rate first appointment.

Prior to your first appointment, you may send us an email or similar, outlining your situation including what you want to tell us in your first appointment. This information will be read on a complimentary basis prior to your first family law appointment. We know your family law matter before we meet. For more ideas on what to put in your complimentary pre-read simply refer to our website at https://bodekers.com.au/free-services/

Please note this is not family law advice. It is important to seek family law advice specific to your circumstances. We are a small, boutique Perth family law firm that has been established for over 20 years. You will receive personalised attention from our Legal Practitioner Director supported by our carefully selected and trained and very experienced Perth family law paralegal and support staff. Shannon has been practising in family law including in complex financial matters for over 25 years having graduated with Honours in Family Law.

Email our Legal Practitioner Director, Shannon Bodeker at info@bodekers.com.au, for your complimentary pre-read and first appointment at a reduced rate.

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