Fanshaw and Fanshaw

In the matter of *Fanshaw and Fanshaw*, Justice Le Poer Trench considered an application by the wife for urgent spouse maintenance, which was ultimately dismissed. The proceedings also involved significant orders concerning the parties' property and financial arrangements, including the matrimonial home and a superannuation fund's interest in another property.

The court was required to determine the appropriate interim orders regarding the parties' financial obligations and the management of their assets pending further resolution. Key issues included ensuring the continued payment of mortgage instalments on the property occupied by the wife, preventing further encumbrance of that property, and arranging for the leasing of another property held by the husband's superannuation fund to generate income for its expenses. The court also needed to address the wife's potential involvement in facilitating these arrangements and to impose restrictions on the sale or further encumbrance of the latter property.

Justice Le Poer Trench reasoned that while the wife's application for spouse maintenance was dismissed, it was necessary to make orders to preserve the parties' financial positions and ensure the proper management of their assets. The court ordered the husband to ensure mortgage payments for the Suburb C property were made from a specific line of credit and restrained both parties from extending that credit beyond its existing limit or further encumbering their interests in the property. Furthermore, the husband was directed to arrange for the Suburb F property to be leased for a minimum of 18 months at a specified rental, with the income to be applied to the property's expenses, and the wife was ordered to provide any necessary documentation to facilitate this. Both parties were restrained from selling or further encumbering the Suburb F property without the other's consent. The court also noted the husband's undertaking not to re-occupy the Suburb F property. Finally, the court directed the appointment of a conciliation conference and set a pathway for further directions should the matter not settle.