Hanas & Jolaha (No. 4)

In *Hanas & Jolaha (No. 4)*, the wife sought interim orders for spousal maintenance and a partial property distribution of $50,000 for litigation funding. The husband, who was the primary financial contributor and had predominant control over the matrimonial property pool, sought the dismissal of the wife's application for financial relief. The wife, conversely, was the primary carer of the child of the relationship and homemaker. The proceedings were before McClelland DCJ.

The court was required to determine whether to grant the wife's interim applications for financial relief, specifically concerning spousal maintenance and a property distribution to fund her legal expenses, and whether to dismiss her application as sought by the husband. The central question was whether it was just and equitable to make such interim orders given the parties' respective roles and financial positions within the relationship.

McClelland DCJ found that it was both in the interest of justice and just and equitable to make orders for a partial property distribution pursuant to sections 79 and 80 of the *Family Law Act 1975* (Cth) to assist in the payment of the wife's legal fees. The court reasoned that the wife was unable to adequately support herself due to her role as the primary carer of a child under 18 years, and that the husband possessed the financial resources to meet these obligations. Consequently, the court ordered the husband to pay $50,000 to the wife for her legal expenses. Additionally, the court ordered periodic spousal maintenance of $720 per week, rent assistance of up to $650 per week for the wife's accommodation, and a lump sum of $2,600 for her rental bond.