ASKEW & VARGO

In *Askew & Vargo*, heard by Judge A Kelly, the applicant wife sought interim spousal maintenance from the respondent husband. The dispute arose within the context of a de facto relationship, where the applicant had recently inherited a significant sum of $1.6 million. This inheritance had been applied towards property purchases, retained in cash and term deposits, and also expended during the course of the relationship.

The central legal issues before the court were whether the applicant had discharged the evidentiary burden of satisfying the court that she was unable to support herself adequately, and consequently, whether it was proper to make an interim order for spousal maintenance.

Judge Kelly's reasoning focused on the applicant's financial position following the inheritance. The court found that the applicant had not met the threshold requirement of demonstrating an inability to support herself adequately, given the substantial funds she had received and retained. The court applied the principles governing interim spousal maintenance, which require a clear demonstration of need.

The application for interim spousal maintenance was dismissed. The parties were ordered to file and serve submissions regarding costs by 4.00pm on 21 August 2019, with any costs application to be decided on the papers.