CARUTHERS & CHURCHILL

In *Caruthers & Churchill*, Foster J considered applications for interim property settlement and interim spousal maintenance made by the Applicant in the context of a de facto relationship. The Court was satisfied that the jurisdictional requirements concerning the length of the relationship and geographical considerations were met.

The primary legal issues before the Court were whether to grant an interim property settlement and interim spousal maintenance, and if so, on what terms. Specifically, the Court had to determine if the sum sought for property settlement fell within the Applicant's likely entitlement at a final hearing, and whether the Applicant had established a need for maintenance and the Respondent had the capacity to pay it.

Foster J reasoned that the Applicant's claim for an interim property payment of $50,000 was within the range of her potential entitlement at final hearing. The Court also found no dispute regarding the Applicant's need for interim spousal maintenance, and that the Respondent had the capacity to meet such provision. Consequently, the Court granted the applications.

The Court ordered the Respondent to pay interim spousal maintenance of $375 per week, and a lump sum of $50,000 within fourteen days, with the categorisation of this sum reserved. The Respondent was also ordered to continue paying the Applicant's private health insurance premiums. The Applicant's costs of the application were reserved, with a detailed procedure set out for the filing of submissions should the Applicant pursue a costs order.