Gaber & Jabara

In the matter of *Gaber & Jabara*, heard before Obradovic J of the Family Court of Australia, Mr Gaber (the applicant) sought spousal maintenance and an interim property distribution from Ms Jabara (the respondent). The respondent conceded her capacity to pay spousal maintenance.

The court was required to determine whether to make orders for spousal maintenance and an interim property distribution. Specifically, the court considered the appropriateness of ordering the respondent to pay $500 per week in spousal maintenance and to make a partial property distribution of $100,000 to the applicant. The court also considered whether to restrain the applicant from dealing with his interest in a property located at B Street, Suburb C, New South Wales.

Obradovic J applied section 74 of the *Family Law Act 1975* (Cth) to the spousal maintenance claim, finding it appropriate to order the respondent to pay $500 per week in spousal maintenance, pending further order. In relation to the interim property distribution, the court considered the overarching principle of the interests of justice, noting that special or compelling circumstances were not required. The court referred to *Strahan & Strahan* and *Osferatu & Osferatu* for the proposition that an interim property order requires some assessment of section 79 factors, ensuring the remaining property is sufficient for both parties or that the order can be reversed. The court noted the parties had cohabited for approximately 20 years, with significant disagreements regarding the valuation of assets, including a property owned by the applicant, funds withdrawn from a business account, and the respondent's property in City K, Country D.

The court ordered that, pending further order, the respondent pay the applicant $500 per week by way of spousal maintenance, to be paid directly to the applicant in cash, with the first payment due within 7 days and thereafter on Wednesdays. Additionally, within 14 days, the respondent was ordered to cause $100,000 to be paid to the applicant or his solicitors as a partial property distribution. The applicant was also restrained by injunction from encumbering, selling, disposing of, or otherwise dealing with his legal interest in the property at B Street, Suburb C, New South Wales.