Burns & Sellers (No. 2)

In *Burns & Sellers (No. 2)*, Foster J considered applications by the wife for interim spousal maintenance and interim property settlement against the husband. The wife contended she was unable to adequately support herself, while the husband disputed his capacity to pay spousal maintenance and argued against an interim property settlement order.

The court was required to determine whether the husband had the capacity to pay interim spousal maintenance and whether it was appropriate to make an order for interim property settlement in favour of the wife. The husband controlled all of the parties' current assets, and his contributions were found to significantly favour him.

Foster J reasoned that the husband had the capacity to pay interim spousal maintenance, finding it appropriate to make such an order pending further determination. Similarly, the court found it appropriate and in the interests of justice to make an order for interim property settlement in favour of the wife, given the husband's control over all assets and the disparity in contributions.

The court ordered the husband to pay the wife $3,250.00 per week by way of interim spousal maintenance, with the first payment due within seven days. Additionally, the husband was ordered to pay the wife $150,000.00 by way of interim property adjustment, with $50,000.00 payable within 14 days and the remaining $100,000.00 payable within two months.