Guild & Stasiuk

In the matter of Guild & Stasiuk, Cronin J of the Federal Circuit Court of Australia made orders concerning spousal and child maintenance, and the procedural progression of the case. The dispute involved an application by the wife for maintenance, alongside a significant threshold issue regarding the validity of a prenuptial agreement dated 7 June 2008.

The court was required to determine the immediate financial obligations of the husband towards the wife and children, pending the resolution of the validity of the prenuptial agreement. Specifically, the court needed to establish the quantum and nature of spousal maintenance, as well as the extent of the husband's financial responsibility for the children's private schooling and associated expenses, separate from any statutory child support assessment.

Cronin J ordered the husband to pay spousal maintenance of $500 per week, in addition to covering all mortgage repayments, rates, taxes, utilities, and insurances for the B Street property, and maintaining private health insurance at the pre-separation level. Furthermore, pursuant to section 124 of the Child Support (Assessment) Act 1989 (Cth), the husband was ordered to pay for all private school fees, including arrears and extra-curricular expenses, school uniforms, books, stationery, computer costs, school travel, excursions, camps, and any medical expenses not covered by insurance. These child-related payments were explicitly stated as not being creditable against any child support assessment. The court also adjourned all applications, fixing the determination of the validity of the prenuptial agreement for 30 May 2019, and established a detailed timetable for the filing of affidavits and financial statements by both parties, with provisions for subpoenas and the filing of a case outline.