Gresham & Gresham

The case of *Gresham & Gresham* involved competing applications between Ms. Gresham (the applicant wife) and Mr. Gresham (the respondent husband) concerning property and spousal maintenance. The proceedings had a lengthy history dating back to 2016, with the matter expedited for a four-day hearing. The husband, aged 52, described himself as a manager, while the wife, aged 48, identified as a homemaker. They married in 2003, separated in June 2016, and have three children aged 13, 11, and nine, who reside with the wife but spend significant time with the husband. The parties had lived in both England and Australia and acquired real estate in both jurisdictions.

The court was required to determine several legal issues, including the husband's obligation to pay outstanding costs awarded by the Full Court, the characterisation of rental payments collected by the wife from the former matrimonial home, and the husband's capacity to pay spousal maintenance and outstanding costs. Specifically, the court had to consider whether the rental income should be treated as income for the wife or as a form of spousal maintenance. Additionally, the court needed to address the husband's failure to pay spousal maintenance and court-ordered costs.

Altobelli J reasoned that the rental payments collected by the wife from the former matrimonial home should be characterised as maintenance, given the circumstances. The court found that the husband did have the capacity to pay the outstanding costs, including interest, and declined to order the sale of the former matrimonial home to satisfy this debt, noting that the wife's parents were covering the mortgage and outgoings. Consequently, the court ordered the husband to pay the outstanding costs awarded by the Full Court, with interest, within seven days. Pending further order, the husband's obligation to pay the mortgage on the former matrimonial home was discharged, and the wife was restrained from commencing or continuing enforcement proceedings for spousal maintenance. The court also suspended existing spousal maintenance orders. The matter was adjourned for mention to assess readiness for trial and make directions.