COMMETT & COMMETT

In *Commett & Commett*, the Family Court of Australia considered applications by the wife for periodic maintenance and interim property settlement, and by the husband for the sale of assets. The parties, married in December 1999 and separated in March 2012, have two children aged 10 and 12. The wife, aged 44, is engaged in home duties and has not worked since the birth of the children, while the husband, aged 46, is a director for a company.

The court was required to determine the wife's entitlement to periodic spousal maintenance, the appropriate quantum of such maintenance, and whether to make orders for the sale of various assets, including a property in Queensland, a motor vehicle, and a boat, as part of interim property settlement. The court also had to consider the husband's capacity to pay maintenance and meet other financial obligations, particularly in light of his access to a significant loan facility.

Justice Macmillan found that the wife had established a threshold entitlement to periodic maintenance. Applying the principles from *Stein & Stein*, the court acknowledged the difficulty in apportioning general household expenditure and the need to consider the wife's reasonable needs, not just a strict per capita division. After considering the wife's claimed expenses, the child support assessment, and the husband's income and expenditure, the court awarded the wife $1,250 per week in periodic maintenance. The court also ordered the husband to pay certain insurance premiums and registration costs for the wife's vehicle. Furthermore, the court ordered the sale of the Town C property, the Make D motor vehicle, and the Type E boat, with the proceeds to be applied in a specified order of priority, including the discharge of debts and legal fees. The husband was also ordered to pay a sum of $80,000 towards the wife's legal fees and $26,000 towards her credit card debt from a loan facility.