Border and Border (No. 3)

This matter concerned an application by the wife for spousal maintenance and child support, and related financial orders, against the husband. The proceedings were before Watts J in the Family Court of Australia.

The court was required to determine the appropriate level of spousal maintenance to be paid by the husband to the wife, the quantum of child support payable by the husband, and the method of payment for these amounts, including the discharge of existing orders and the provision of credit for payments already made by the husband. Additionally, the court considered the husband's legal costs and the use of company and controlled monies accounts.

Watts J ordered that the previous orders made by Judicial Registrar Johnston be discharged. The husband was ordered to pay spousal maintenance of $3,360 per week, commencing from 11 October 2007, with provision for arrears and credit for certain expenses paid by the husband on behalf of the wife. A departure from the administrative assessment of child support was ordered, setting the weekly rate at $1,120 for a specified period. The husband was also ordered to pay a total of $380,000 towards the wife's costs, with specific directions regarding the repayment of funds from a company and a controlled monies account. The court also imposed a restraint on the husband's company's cash reserves and charged the balance of the controlled monies account with outstanding arrears. Finally, the husband was restrained from paying his own legal costs if he defaulted on spousal maintenance or child support payments.