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Litigation Funding Applications

A Litigation Funding Application (also known as a Hogan Application or a Barro Application) is an application made by a party to proceedings in the Family Law Courts seeking an order that the other party pay them a sum of money to enable them to meet their legal fees. In some cases one party has significantly more funds and assets than the other party and a Litigation funding application is one way to ensure that access to justice is not lost due to limited finances.

There are three criteria relevant to the making of a litigation funding order:

  • Where one party was in a position of relative financial strength;
  • The capacity of that other party to fund their own legal expenses; and
  • The inability of the applicant to fund their legal expenses.

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