CELESTIN & CELESTIN

In the matter of *Celestin & Celestin*, Justice Cohen of the Family Court of Australia considered an application by the wife for urgent spousal maintenance. The dispute concerned the husband's obligation to provide financial support to the wife, particularly in light of her legal costs and immediate financial needs.

The primary legal issue before the court was the extent and form of urgent spousal maintenance to be ordered. This involved determining an appropriate lump sum amount and specifying how those funds were to be applied by the wife, specifically for legal costs and immediate debts and living expenses. The court also had to consider the consequences of non-compliance by the husband with any maintenance order.

Justice Cohen ordered the husband to pay a lump sum of $179,250 to the wife within one month as urgent spousal maintenance. Of this amount, $100,000 was to be applied towards the wife's legal costs and disbursements, and the remaining $79,250 was to be used for her immediately payable debts and future living expenses. The court further ordered that should the husband fail to comply with this maintenance order, the wife would be entitled to sell her interest in specific real property to meet her financial obligations. To facilitate this, the husband was required to remove all livestock from the property and ensure the wife had vacant possession upon his failure to comply with the maintenance order.