DAVEY & DAVEY

In *Davey & Davey*, the wife sought interim spousal maintenance and a partial property distribution. The husband opposed these applications. The dispute concerned the wife's ability to support herself, the consideration of children's expenses, the husband's contention of the wife's reckless expenditure, and whether proposed orders for partial property distribution would prejudice final hearing relief.

The court was required to determine whether it was just and equitable to make orders for interim spousal maintenance, considering the wife's financial needs and the husband's opposition. Additionally, the court had to assess whether orders for interim property distribution, specifically for the payment of the wife's legal fees and motor vehicle, and for children's expenses, were appropriate and would not unduly affect the final property settlement.

McClelland DCJ reasoned that interim spousal maintenance was warranted to meet the wife's weekly needs and to address specific lump sum requirements. The court also found it appropriate to make orders for an interim property distribution to facilitate the payment of the wife's legal costs and the purchase of her motor vehicle, distinguishing these from child maintenance orders. The court made orders for periodic and lump sum spousal maintenance, as well as an interim property distribution, subject to certain conditions regarding the withdrawal of funds from a joint bank account.