FOLEY & FOLEY

In the matter of *Foley & Foley*, Benjamin J considered applications by the wife for interim spousal maintenance, child support departure orders, and interim property orders. The proceedings concerned the financial arrangements between the parties pending the final resolution of their family law dispute.

The court was required to determine whether the wife had established the threshold for interim spousal maintenance, and if so, whether the husband had the capacity to meet her reasonable needs. Additionally, the court considered whether to exercise its jurisdiction under s 116 of the *Child Support (Assessment) Act 1989* (Cth) to make a departure order from the administrative assessment, and whether to grant an interim property order to enable the wife to prosecute the proceedings.

His Honour granted the application for interim spousal maintenance, finding that the wife had met the necessary threshold and that the husband possessed the capacity to contribute to her reasonable needs. The court also made a departure order pursuant to s 116 of the *Child Support (Assessment) Act 1989* (Cth). The wife's application for an interim property order was granted in part, providing her with some financial assistance to continue with the litigation.