HA & BRUMAGE

In the matter of HA and BRUMAGE, the wife sought spousal maintenance from the husband, asserting her inability to support herself. The husband had failed to provide discovery as ordered by the Court, meaning the primary evidence of his financial position comprised a joint balance sheet and his financial statement, both over a year old. The Court was satisfied that the husband possessed the capacity to meet the wife's maintenance claim.

The legal issues before the Court were whether to grant the wife's application for spousal maintenance, and whether to make orders for interim costs and interim property settlement. The wife sought a lump sum payment from the husband under sections 80(1)(h) and 117 of the *Family Law Act 1975* (Cth).

Rees J reasoned that while the wife was unable to support herself and the husband had failed to comply with discovery orders, these factors alone did not justify an order for interim costs. Furthermore, the Court was not satisfied that an order for interim property settlement under sections 79 and 80(1)(h) was appropriate in the circumstances. Consequently, the wife's applications for interim costs and interim property settlement were dismissed. However, the Court ordered the husband to pay the wife $700 per week by way of spousal maintenance, commencing on 18 December 2015.