DURKHEIM & HORTON

In the matter of *Durkheim & Horton*, heard before Cronin J, the parties sought to vary existing consent orders concerning spousal maintenance. The dispute centred on the appropriate level of ongoing financial support to be provided by the husband to the wife.

The primary legal issue before the court was whether to vary the existing spousal maintenance order pursuant to section 83 of the *Family Law Act 1975* (Cth). This required the court to consider whether there had been a significant change in the circumstances of either party since the original orders were made, and if so, whether it was just and equitable to vary the maintenance provisions.

Cronin J found that a variation was warranted. The court applied the principles under section 83 of the *Family Law Act 1975* (Cth), which allows for the variation of maintenance orders upon proof of a significant change in the circumstances of a party to the marriage. The court ordered that the husband pay $400 per week in spousal maintenance to the wife, with the first payment to be made on the next due date for the previously ordered $650 payment. The applications for interim orders by both parties were otherwise dismissed.