CASEY & CASEY

This case concerned an application by Ms Casey (the wife) for interim spousal maintenance from her husband, Mr Casey (the husband), heard in the Family Court of Australia. The wife sought $1,500 per week in spousal maintenance and a lump sum, while the husband contended that the wife had not demonstrated an inability to support herself and that, even if she had, he lacked the capacity to pay.

The primary legal issues before the Court were whether the wife had established that she was unable to adequately support herself, as required by section 72 of the *Family Law Act 1975* (Cth), and if so, whether the husband had the financial capacity to meet her needs. The Court also considered the wife's living arrangements with a male partner and the husband's financial contributions towards their adult children.

Justice Ryan found that the wife had established a need for spousal maintenance, noting that her role as primary caregiver and homemaker during the long marriage had adversely affected her earning capacity. Despite her cohabitation with a male partner, the Court was satisfied that she intended to live independently and required maintenance to do so. The Court also determined that the husband had the capacity to pay, finding that his income exceeded his expenses even after accounting for his contributions to their adult children, and that he could reallocate funds to meet the wife's needs. The Court considered the wife's potential for gambling and her cohabitation with her partner, concluding that maintenance payments should be structured to ensure they were used for her rehousing.

The Court ordered that the parties sell Telstra shares valued at $6,000, with the proceeds to be held in trust. These funds were to be used as a rental bond for a property secured by the wife, with any balance paid to her as lump sum maintenance. The husband was ordered to pay the wife's weekly rent directly to the real estate agent, up to $400 per week, and to pay her the difference between the rent paid and $450 per week.