Calder and Poca

In the matter of *Calder and Poca*, Justice Cohen of the Family Court of Australia considered an application for spousal maintenance. The dispute concerned the quantum and method of payment of lump sum spousal maintenance to the wife.

The court was required to determine the appropriate amount of lump sum spousal maintenance to be paid by the husband to the wife, and the specific assets from which this maintenance, along with other payments, was to be discharged. The court also had to consider the disposition of proceeds from the sale of a jointly owned property.

Justice Cohen ordered the husband to pay the wife a lump sum of $78,000.00 for spousal maintenance, payable over one year. To facilitate this, the husband was directed to pay $13,000.00 from the proceeds of horse sales, $24,000.00 held in trust by solicitors, and $7,000.00 from a joint bank account. Furthermore, the court ordered the sale of a jointly owned property, with the proceeds to be applied first to discharge mortgages and sale expenses, then to pay $34,000.00 to the wife for spousal maintenance, and $50,000.00 to the wife's solicitors for legal costs. Any remaining proceeds were to be held in trust and released equally to the parties upon request. The court also stipulated that this property sale order would be discharged if another property was sold prior to the exchange of contracts or auction of the first property. Costs were reserved for one month.