CARDOZO & TAVERNA

In the Family Court of Australia, before Rees J, the wife sought interim orders concerning a jointly owned property and interim spousal maintenance. The husband contended that the wife did not meet the criteria for spousal maintenance under section 72 of the *Family Law Act 1975* (Cth).

The court was required to determine whether to grant the wife's application for interim spousal maintenance and to make orders regarding the jointly owned property. Specifically, the court had to assess the wife's need for maintenance, considering her significant health issues and inability to self-support, and the husband's capacity to pay. The court also considered the wife's request for the sale of the jointly owned property and the husband's interest in that property.

Rees J found that the wife had significant health problems and was unable to support herself, and that the husband had the capacity to pay spousal maintenance. Consequently, the court ordered the husband to pay the wife $1,500 per week by way of interim spousal maintenance. Regarding the jointly owned property, the court restrained the wife from selling it without first providing the husband with 21 days' notice and a copy of the proposed contract for sale. The wife was also ordered to inform the husband of any offers to purchase and any counter-offers within 24 hours, and the net proceeds of sale were to be held in a controlled monies account pending further determination. The wife's interim application filed on 30 August 2017 was otherwise dismissed.