Carroll and Maybury

In *Carroll and Maybury*, heard by Judge McGuire, the parties sought final property and spousal maintenance orders. The dispute concerned the division of assets and liabilities, as well as ongoing financial support obligations between the former spouses.

The court was required to determine the appropriate division of various assets, including motor vehicles, proceeds of sale of the former matrimonial home, personalty, bank accounts, and superannuation entitlements. Additionally, the court needed to address the allocation of liabilities incurred by each party, both before and after separation, and to make orders regarding spousal maintenance and child support, including a departure from the standard child support assessment.

The court's reasoning led to a comprehensive set of orders aimed at finally determining the financial relationship between the parties, as contemplated by section 81 of the *Family Law Act 1975*. This involved the discharge of previous spousal maintenance orders and the transfer of specific assets and liabilities between the parties. The court also made detailed provisions for spousal maintenance, including a lump sum deemed as spousal maintenance and ongoing weekly payments until a specified date. Furthermore, the court ordered a departure from the standard child support assessment, requiring the husband to pay child support as assessed, as well as school fees, tuition charges, educational expenses, and private health insurance for the children.