HADLEY & HADLEY

In *Hadley & Hadley*, the wife sought interim payments from the husband for legal costs, spousal maintenance, and property settlement. The court was required to determine whether to grant these interim orders in circumstances where there had already been three previous orders for payment to the wife.

The legal issues before the court were whether there was compelling evidence to justify a further interim adjustment of property, whether the criteria for spousal maintenance were met, and whether an order for legal costs should be made. The court also considered the husband's proposal regarding the net proceeds of sale of a property.

Cleary J dismissed the wife's application. His Honour found no compelling evidence for another interim property adjustment, nor sufficient information to support an exercise of the court's power to order spousal maintenance. No order was made as to legal costs. The court made specific orders regarding the application of the proceeds of sale of a property, including payment of sale costs, discharge of a mortgage and loan, and the setting aside of funds for existing guarantees, before allowing the husband to utilise remaining capital for a residential property purchase. Any further remaining proceeds were to be held in trust pending the final resolution of the property application.