Chase and Chase

In the Family Court of Australia at Hobart, Benjamin J heard an application by Mrs Chase (the applicant wife) to vary an interim spousal maintenance order made on 1 August 2006. The parties, married in 1981, had separated in May 2006. The original order required Mr Chase (the respondent husband) to pay the wife the home medical insurance repayments and $1000 per month in spousal maintenance for a period of six months.

The primary legal issue before the court was whether the wife had demonstrated a sufficient change in circumstances to warrant a variation of the existing maintenance order, particularly in light of the court's original intention that the six-month period would allow the wife to re-enter the workforce and gain employment. The court also considered whether the wife had provided adequate evidence, specifically medical evidence, to support her claims of being unable to work due to stress or lack of qualifications.

Benjamin J reasoned that while there had been a change in both parties' earnings, with the husband's income substantially increasing, the wife had, in fact, demonstrated a capacity to earn income. She had obtained employment as a nurse shortly after the original order, earning between $700 and $800 per month, before leaving that position. She subsequently obtained other employment, though she claimed stress and a lack of qualifications. The court noted the absence of medical evidence to substantiate her claims of incapacity to work. Given that the wife had demonstrated an ability to earn income, aligning with the court's initial expectation, her application to vary the maintenance order was dismissed. The court reserved the question of costs.