Grange & Grange

Case

[2021] FamCA 401

18 June 2021


Details
AGLC Case Decision Date
Grange & Grange [2021] FamCA 401 [2021] FamCA 401 18 June 2021

CaseChat Overview and Summary

In *Grange & Grange*, the applicant husband sought spousal maintenance from the respondent wife. The application was heard by Howard J.

The primary legal issues before the court were whether the applicant husband had proven that he was unable to support himself adequately and whether the respondent wife was reasonably able to maintain the husband.

Howard J dismissed the husband's application for spousal maintenance. The court noted that there was no property available for a property settlement order under section 79 of the Act, as the parties, after approximately 30 years of marriage, had no property. The court observed that the parties had gifted their only asset, a Sales Permit valued at approximately $1 million, to the husband's mother. Applying section 74(1) of the Act, the court concluded that it was not proper to make any order for maintenance in these circumstances.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Costs

  • Remedies

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Cases Citing This Decision

0

Cases Cited

6

Statutory Material Cited

2

Grange & Grange and Ors [2019] FamCAFC 205
Muschinski v Dodds [1985] HCA 78
Turner v Windever [2003] NSWSC 1147