Hadley and Hadley (No 2)

In *Hadley and Hadley (No 2)*, Cleary J of the Family Court of Australia considered an application by the wife for interim financial relief. The dispute concerned the division of matrimonial assets and the wife's need for financial support pending the final determination of property settlement proceedings.

The primary legal issue before the court was whether to order the husband to pay a sum of $85,000 to the wife on an interim basis. This required the court to assess the wife's immediate financial needs and the husband's capacity to meet such a payment, having regard to the overall financial circumstances of the parties and the likely outcome of the final property settlement.

Cleary J reasoned that an interim order for payment was justified given the wife's demonstrated financial need and the husband's ability to make the payment. The court applied principles of interim financial relief in family law proceedings, which permit orders to be made to meet immediate needs and to preserve assets or ensure their availability for division at the final hearing. The sum ordered was to be categorised and taken into account in the final property settlement, ensuring that the interim payment did not pre-empt the final determination of the parties' respective entitlements.

The court ordered that the husband pay to the wife the sum of $85,000 within 35 days.