Court and Court

In the matter of *Court and Court*, Benjamin J of the Family Court of Australia considered an application by the wife to vary an existing consent order concerning spousal maintenance. The dispute centred on the wife's financial needs and the husband's capacity to pay maintenance, following an earlier consent order made on 18 January 2007.

The primary legal issue before the Court was whether the existing consent order for spousal maintenance should be vacated and replaced with new orders. This required the Court to assess the current financial circumstances of both parties and determine appropriate interim maintenance arrangements. The Court also had to consider the provision of original documents and the future conduct of proceedings relating to the appointment of an accountant.

Benjamin J vacated the prior consent order for maintenance and, until further order, directed the husband to pay the wife $700 per week in spousal maintenance, commencing seven days from the date of the order. Additionally, the husband was ordered to meet the mortgage repayments on a property identified as 'L' for February and March 2007. The Court also directed the wife to provide original documents to the husband's solicitors, while permitting her to retain copies. Costs of the application were reserved, and the application concerning the appointment of an accountant was adjourned to a Registrar's Directions hearing.