Dalby-Schuller and Schuller and Anor

This matter concerned an application before Murphy J in the Federal Court of Australia, brought by the Wife against the Husband and Schuller Investments Pty Ltd (as Trustee for the Schuller Family Discretionary Trust). The Wife sought orders for future spousal maintenance payments to be made by the Husband through the Trust.

The primary legal issue before the Court was whether it had the power to vary existing orders of the Federal Magistrates Court concerning spousal maintenance and to direct a third-party trustee to make such payments from trust funds. The Court was also required to determine the application made by the Husband in response.

Murphy J reasoned that the Court had the power to make orders for spousal maintenance and to vary existing orders. His Honour noted that the orders sought by the Wife were designed to give effect to the existing spousal maintenance obligations of the Husband. The Court made orders directing the Husband to cause the Trustee to pay $1,500 per month to the Wife from a specified bank account, in part satisfaction of future spousal maintenance. The Court also varied previous orders to permit the withdrawal and payment of these monies.

The application made by the Husband in response was dismissed. The costs of the hearing were reserved to the Trial Judge.