Harps & Harps

In *Harps & Harps*, Strickland J of the Family Court of Australia considered applications for interim spousal maintenance and costs. The wife sought financial support from the husband, arguing she was unable to support herself and that he was reasonably able to maintain her. She also sought an order for interim costs.

The primary legal issues before the court were whether the wife was unable to support herself and whether the husband was reasonably able to maintain her, thereby entitling her to interim spousal maintenance. Additionally, the court had to determine whether to order the husband to pay the wife's interim costs, considering the need to ensure both parties have an equal opportunity to present their case.

Strickland J reasoned that the wife required financial assistance until she commenced employment or final property settlement orders were made. Consequently, the husband was ordered to pay the wife $350 per week for maintenance. Regarding costs, the court recognised that where one party has significantly greater access to resources, an order for costs is appropriate to facilitate the other party's ability to litigate. Accordingly, the husband was ordered to pay the wife $16,000. The court explicitly reserved the characterisation of this $16,000 payment, leaving it to the trial judge to determine whether it constituted part of the wife's property settlement entitlement or an interim costs order. Certain other interim applications made by the wife were dismissed.