Anthony and Thomas

This matter came before Watts J concerning financial orders sought by the parties in divorce proceedings. The dispute involved the division of assets and liabilities, and the provision of spousal and child maintenance.

The court was required to determine the appropriate orders regarding the management of a joint Commonwealth Bank account, the disposition of the husband's bonus payments, and the quantum of spousal and child maintenance. Further issues included the husband's responsibility for school fees and mortgage repayments on the former matrimonial home, as well as the wife's responsibilities for certain child-related expenses and her exclusive occupation of a property. The court also considered injunctive relief concerning a jointly owned property.

Watts J made orders that, pending further direction, the parties were to jointly maintain a Commonwealth Bank account for specific deposits. The husband was directed to transfer bonus monies received to a home loan account and to deposit all future bonuses, performance awards, or tax refunds into that account within 48 hours of receipt. The husband was ordered to pay spousal maintenance of $1,475 per week and child support of $4,261 per week, with both payments to commence within seven days and continue monthly thereafter. The husband was also ordered to pay all tuition and boarding fees for the children, as well as uniforms and non-discretionary items listed on tax invoices from their school, and to make all regular repayments and any arrears on the mortgage for the former matrimonial home. The husband was permitted to withdraw funds from the home loan account for these payments, and the wife was granted liberty to access the account if the husband failed to make timely maintenance or child support payments. Neither party was permitted to access the home loan account except as provided by the orders, by written agreement, or by further court order. The wife was ordered to pay for specific school expenses and discretionary extra-curricular activities for the younger children, as well as medical expenses, mobile telephones, and discretionary activities for the children while in her care. The wife was granted exclusive occupation of a property, entitled to its income, and responsible for its maintenance. Finally, both parties were restrained from mortgaging or encumbering a jointly owned property without consent or further court order.