AMSTEL & AMSTEL

In the matter of *Amstel & Amstel*, Johns J of the Family Court of Australia considered an application by the wife for a partial property distribution to facilitate her re-housing, following the sale of the former matrimonial home. The wife was in temporary accommodation and sought an amount less than her anticipated final entitlement. The husband sought to discharge interim spousal maintenance orders.

The court was required to determine whether to grant the wife's application for a partial property settlement and whether to dismiss the husband's application to discharge the interim spousal maintenance orders.

Johns J reasoned that the wife's application for a partial property settlement was appropriate, noting that the amount sought was less than her likely final distribution and that the former matrimonial home had been sold. The court applied principles similar to those considered in *Strahan*, allowing for an interim distribution to address the wife's immediate housing needs. The husband's application to discharge the interim spousal maintenance orders was dismissed, as no basis for such discharge was established.

The court ordered that the wife be paid a total of $2,006,980.56 from the proceeds of the sale of the former matrimonial home, characterised as a partial property settlement. The husband's application was dismissed, and the wife's application was also dismissed, presumably as the orders made addressed the substantive issues raised. By consent, orders were made for the business known as "D Pty Ltd" to be placed on the market for sale, with the husband having sole conduct of the sale subject to specific terms and conditions, and for the remaining proceeds to be held in trust.