GAETANO & GAETANO

In the matter of *Gaetano & Gaetano*, Foster J considered interim applications concerning the children's schooling, spousal maintenance, and property provision. The mother sought to continue the children's attendance at B School, requested interim spousal maintenance, and sought interim property orders. The father had disposed of various properties without providing evidence of the disbursement of funds.

The court was required to determine whether interim orders were appropriate regarding the children's schooling, the mother's entitlement to interim spousal maintenance, and the alteration of the parties' rights and interests in property on an interim basis.

Regarding the children's schooling, the court found that no interim change was appropriate in the present circumstances, deeming the issue suitable for determination at the final hearing. The application for interim spousal maintenance was dismissed, with the court finding no evidence of the father's capacity to pay. Similarly, the application for interim property provision was dismissed due to a lack of evidence regarding the available source of funds to meet any such order, particularly in light of the father's disposal of properties without accounting for the funds.

The court ordered that the mother be permitted to continue the children's attendance at B School, provided she paid the school fees and indemnified the father from liability for them from the commencement of school term 1, 2017. The father was ordered to pay mortgage payments, rates, and insurances on two properties, with the mother having leave to apply for the sale of one property in the event of the father's non-compliance. All other interim applications were dismissed.