HAWKINS & HAWKINS

In *Hawkins & Hawkins*, Kent J of the Federal Circuit Court of Australia considered applications made by the Wife concerning financial matters arising from the parties' separation. The Wife sought orders for a significant portion of monies received by the Husband, a company, and a family trust from two other trusts to be paid to her, and also sought an order for weekly spousal maintenance.

The primary legal issues before the court were whether the Wife was entitled to a share of the funds flowing from the F Trust and the G Trust, and whether the Husband should be ordered to pay spousal maintenance. These issues required the court to consider the nature of the interests held by the parties and their associated entities in the trusts, and to assess the Wife's financial needs and the Husband's capacity to pay spousal maintenance.

Kent J dismissed both of the Wife's applications. The decision indicates that the court was not satisfied that the Wife had established a legal or equitable right to the funds in question, nor that the circumstances warranted an order for spousal maintenance. The Wife's claims were therefore unsuccessful.