Gadde & Gadde (No 2)

In *Gadde & Gadde (No 2)*, the parties brought applications before Stevenson J concerning interim property settlement and spouse maintenance. The dispute arose in the context of ongoing family law proceedings, with the husband seeking a further distribution of funds from a controlled monies account, part of which was intended to satisfy an outstanding costs order. The wife, on the other hand, sought interim spouse maintenance.

The court was required to determine two primary legal issues. Firstly, whether it was just and equitable to order a further distribution of funds from the controlled monies account to the husband, and if so, how that distribution should be characterised. Secondly, the court had to consider whether the wife was entitled to interim spouse maintenance, and if so, whether the husband had the capacity to pay it.

Regarding the property distribution, Stevenson J found it just and equitable to permit a further distribution from the controlled monies account to the husband. This distribution was characterised as an interim property settlement. In relation to the spouse maintenance application, the court found that while the wife could not adequately support herself for the purposes of section 72 of the *Family Law Act 1975* (Cth), the husband did not have the capacity to pay the requested maintenance. Consequently, the application for spouse maintenance was dismissed.