Bergman & Bergman

In the matter of *Bergman & Bergman*, heard before Mushin J, the husband sought the discharge of an earlier court order concerning spousal maintenance. The wife, in turn, applied for security for her costs of the litigation, specifically requesting a *Barro* order.

The court was required to determine two principal legal issues: firstly, whether the husband had established sufficient grounds to warrant the discharge of the existing spousal maintenance order; and secondly, whether the wife had demonstrated a need for and entitlement to an order for security for her costs.

Mushin J dismissed the husband's application for discharge of the spousal maintenance order, finding that the husband had not met the onus of proof required to vary or set aside the existing order. Regarding the wife's application, the court found that the circumstances warranted the provision of security for costs and ordered the husband to pay $100,000 to the wife as security. The court also reserved liberty to both parties to make further submissions on these matters at the trial of the final applications.