Churchill and Churchill

In *Churchill & Churchill* [2014] FamCA 340, the Family Court of Australia at Hobart considered applications made by Ms Churchill ("the wife") against Mr Churchill ("the husband") for interim spousal maintenance and interim property orders. The wife sought periodic spousal maintenance, orders for the husband to pay her tax liabilities, and an order for the husband to fund her legal costs. The husband opposed these orders and sought various directions and orders concerning the parties' financial affairs and ongoing litigation.

The primary legal issues before the court were whether to grant interim spousal maintenance, whether to make interim property orders to satisfy the wife's tax liabilities, and whether to make interim property orders to fund the wife's litigation costs. The court also considered the husband's late-served and inadequately evidenced application in reply, which was stood over for a later hearing. The court was required to assess the parties' financial circumstances, including significant ongoing litigation in the Supreme Court of Queensland, and the potential impact of these matters on the ability to make interim orders.

Justice Benjamin applied principles relating to interim spousal maintenance and interim property orders under sections 75(2) and 79 of the *Family Law Act 1975* (Cth). The court noted the wife's tax liabilities for the 2012 and 2013 financial years, supported by accountant's letters, and found it reasonable to make interim property orders to satisfy these debts. The court ordered the husband to pay the wife a total of $317,296.79 within fourteen days, specifically for her tax liabilities. Additionally, the court ordered the husband to pay $2,600 per month by way of spousal maintenance, commencing on 1 June 2014. An interim property order was also made for the husband to pay $50,000 to the wife's solicitors within thirty days, to fund litigation costs.

The court made orders for the husband to pay the wife $2,600 per month by way of spousal maintenance, with the first payment due on 1 June 2014. Further, the husband was ordered to pay the wife the sum of $317,296.79 within fourteen days as an interim property order, to be applied towards her tax liabilities for the financial years ended 30 June 2012 and 30 June 2013. An additional interim property order directed the husband to pay $50,000 to the wife's solicitors within thirty days for litigation funding.