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Key decisions

  • Edson & Whitney and Anor [2020] FamCA 184
  • Palgrove [2020] FCCA 846 
  • Scarffe & Obannon [2020] FamCA 77 


Litigation funding sought by husband from wife and her mother 

In Edson & Whitney and Anor [2020] FamCA 184 (25 March 2020) Rees J dismissed an application by a husband in a property case for litigation funding from the second respondent (the wife’s mother); the wife (by lump sum paid by her obtaining a mortgage over her real property, her mother to waive her security over that property); and the wife as a ‘dollar for dollar order’. The wife’s case was that she owed her mother $3,616,000 and $350,000, which exceeded the value of the marital assets and were secured over the wife’s property, and owed her brother $111,000 for legal fees.

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