BRIVIO & BRIVIO

In the matter of *Brivio & Brivio*, Foster J of the Family Court of Australia considered applications made by the husband concerning interim costs, spousal maintenance, adult child maintenance, injunctive relief, and child support departure. The wife sought to have these applications dismissed.

The court was required to determine whether to grant the husband interim spousal maintenance, adult child maintenance, and injunctive relief restraining the wife from dissipating her assets. It also had to consider the husband's application for a child support departure. Furthermore, the court was asked to determine the appropriate interim costs order.

Foster J dismissed the husband's applications for interim spousal maintenance, adult child maintenance, injunctive relief, and child support departure. In relation to spousal maintenance, the court was not satisfied that the husband was unable to support himself adequately. The application for injunctive relief was dismissed as the husband's sole basis was a general "concern" without sufficient evidence. The applications for adult child maintenance and child support departure were also dismissed, with the latter considering the purposes of the *Child Support (Assessment) Act 1989* (Cth) and section 116(1)(b).

However, the court made an order for interim costs in favour of the husband, directing the wife to pay the sum of $50,000.00 within 14 days. The ultimate characterisation of this costs sum was reserved to the final hearing.