GORDONS & HASSE

In the matter of *Gordons & Hasse*, Dawe J of the Family Court of Australia considered an application by the wife for urgent spouse maintenance and an application for interim property settlement. The dispute arose in the context of divorce proceedings where the wife sought an immediate distribution of funds from the sale of the former matrimonial home, while the husband also sought a similar sum.

The court was required to determine whether the wife's application for urgent spouse maintenance should be adjourned, given its close connection to her application for partial property settlement. Additionally, the court had to consider the wife's claim for an interim property settlement of $250,000 from the sale proceeds of the former matrimonial home, against the husband's similar claim, acknowledging that the husband had the sole benefit of income from his business.

Dawe J reasoned that the wife's application for urgent spouse maintenance should be adjourned, provided she gave fourteen days' notice to the husband's solicitors before requesting a further listing of that application. Regarding the interim property settlement, the court found it just and equitable to award the wife the sum of $250,000 from the sale of the former matrimonial home, noting that this amount was substantially less than what might be awarded in a final property settlement. The court also extended the time for the wife to file her Initiating Application and made orders for the application of the sale proceeds, including payment of costs, mortgage payout, the interim property settlement sum to the wife's solicitors' trust account, and the balance to be held in a joint account pending further order or agreement. The question of costs for the interim applications was reserved.