Bodilly & Hand (No. 2)

This case concerned an application by Ms Bodilly (the wife) for an increase in spousal maintenance from Mr Hand (the husband). The parties had been married for 15 years and separated in 1998. The wife had been diagnosed with multiple sclerosis prior to their marriage, and a property settlement and maintenance order had been made in 2000. The wife sought an increase in maintenance due to a significant deterioration in her health, which the husband conceded he had the capacity to pay. The primary dispute before the Family Court of Australia was the extent of the increased maintenance. The wife also sought an order for her costs on a solicitor-client basis.

The court was required to determine the extent to which the wife's circumstances had changed to justify an increase in spousal maintenance, considering her needs and the husband's capacity to pay. Additionally, the court had to consider whether an award of costs on a solicitor-client basis was warranted, taking into account the conduct of the proceedings and the financial disparity between the parties, while also acknowledging that neither party was wholly unsuccessful and no written settlement offers had been made.

The court found that the wife had established that her circumstances had changed sufficiently to justify an increase in maintenance. The husband conceded his capacity to meet the wife's requested maintenance. Regarding costs, the court determined that while neither party was entirely successful, the financial disparity and the husband's conduct in the proceedings justified an award of costs in favour of the wife. However, the court also noted that the wife should bear some responsibility for costs.

The husband was ordered to pay the wife periodic maintenance of $3,625 per week until 24 September 2012, reducing to $3,323 per week thereafter, with annual CPI adjustments from 1 July 2013. He was also ordered to pay a lump sum of $527,927.25 within 28 days, which included $76,784 in backdated periodic maintenance, $120,000 by way of lump sum maintenance, and $331,188.25 for assessed costs.