Harris and Harris

In *Harris and Harris*, Bell J of the Family Court of Australia considered an application by the Wife for interim maintenance. The dispute concerned the amount and commencement date of interim spousal maintenance to be paid by the Husband to the Wife pending final resolution of their property settlement proceedings.

The primary legal issue before the Court was to determine an appropriate sum for interim maintenance and the date from which such payments should commence. This involved assessing the immediate financial needs of the Wife and the capacity of the Husband to meet those needs, having regard to the circumstances of the parties.

Bell J ordered that the Husband pay interim maintenance to the Wife in the sum of $750.00 per week. This payment was to commence on the first Monday following the Court's order of 11 December 2009. The Husband was also ordered to pay the Wife's costs of and incidental to the hearing, to be assessed.