The applicant's former lawyer brought a motion in family court for a charging order against a property for unpaid legal fees of approximately $664,323.
The property had been transferred to the respondent husband pursuant to family law minutes of settlement.
The court held that while the motion should ideally have been brought in the related civil action commenced by the lawyer, the family court had jurisdiction and would decide the motion to save resources.
The court granted the charging order, finding the lawyer was instrumental in preserving equity in the property and that there was a triable issue regarding whether the transfer was a fraudulent conveyance, with quantification to be determined in the civil action.
