Evanoff & Evanoff

In the matter of *Evanoff & Evanoff*, Mr Evanoff (the applicant husband) sought to temporarily revoke existing spouse maintenance orders and have all property sale proceeds held in a solicitor's trust account. Ms Evanoff was the respondent wife. The applications were heard by Rees J in the Federal Circuit and Family Court of Australia.

The primary legal issues before the court were whether the husband had established a sufficient change in circumstances to warrant the revocation of spouse maintenance orders, and whether he had demonstrated an entitlement to the portion of property acquisition price paid to his daughters, necessitating the holding of sale proceeds in trust.

Rees J dismissed the husband's applications. The court found that the husband had not demonstrated a material change in circumstances since the making of the original spouse maintenance orders. Furthermore, the court determined that the husband had not established any legal entitlement to the portion of the acquisition price that had already been paid to his daughters, and therefore, the application to have all property proceeds held in trust was unfounded.

Consequently, the court ordered the dismissal of the husband's Application in a Case filed on 16 September 2020 and his Application in a Case filed on 6 August 2020.