CRICHTON & CRICHTON

In *Crichton & Crichton*, the wife sought spousal maintenance from the husband, asserting her inability to work full-time due to her role as a carer for a child, an arrangement previously agreed upon by the parties during their cohabitation. The husband disputed the child's need for ongoing care. The wife also sought to vary existing child support orders. The matter came before Rees J in the Family Court of Australia.

The primary legal issues before the Court were whether the wife was entitled to an order for spousal maintenance, and whether the Court had jurisdiction to hear the wife's application to vary child support orders, given the absence of service upon the Child Support Registrar.

Rees J found that the wife was unable to support herself and that the prior agreement for her to cease full-time work to care for the child was a significant factor. The Court determined that the wife had established a need for spousal maintenance. Regarding the child support application, the Court noted that the failure to serve the Child Support Registrar prevented the Court from hearing that specific application at that time.

Consequently, the Court ordered the husband to pay the wife spousal maintenance in the sum of $601 per week, commencing immediately and continuing weekly thereafter. The wife's application concerning child support departure was stood over generally, pending proper service and listing for a final hearing.