BREEN & HUNTER

In the Family Court of Australia, Benjamin J heard an application by the husband for interim spousal maintenance and/or interim property settlement. The wife also sought orders regarding child support.

The court was required to determine whether to grant interim spousal maintenance to the husband, whether to make orders for interim property settlement, and to consider the husband's application for a departure from a child support assessment.

Benjamin J ordered that the wife pay the husband spousal maintenance of $3,250 per month, and that she continue to pay the monthly lease payments for a Land Rover vehicle. By way of interim property orders, the wife was directed to facilitate the husband drawing $100,000 from a loan secured by a mortgage over the "C property" for property settlement, including legal fees. The wife was also ordered to pay the principal, interest, and charges on this mortgage and to pay a further $70,000 to the husband by way of partial property settlement within twelve months. The husband's application for a departure order in relation to child support was dismissed as it was not argued. Consent orders were made regarding the costs of any single expert engaged in the proceedings, with the husband to reimburse the wife for half of these costs at the conclusion of the proceedings. All other extant interim or procedural applications by the husband were dismissed.