Hill & Kempe

In the matter of *Hill & Kempe*, Dawe J considered applications by both the wife and the husband concerning interim orders for their two infant children, G and J, and spousal maintenance. The wife sought to vary existing interim orders regarding the children, while the husband sought to discharge a prior order for urgent spousal maintenance.

The court was required to determine the best interests of the children, applying the presumption of equal shared parental responsibility and considering the factors under section 60CC of the *Family Law Act 1975* (Cth). Additionally, the court had to assess whether a significant change in financial circumstances had occurred since the spousal maintenance order was made, specifically in light of a subsequent Child Support assessment and increased childcare fees, to determine if the spousal maintenance order should be amended or discharged.

Dawe J varied the interim orders concerning the children, with the children to live with the wife and spend time with the husband, and also amended the spousal maintenance order. The court reduced the husband's spousal maintenance payments to account for the assessed and paid child support, acknowledging this as a significant change in the parties' financial positions. The court also directed the parties to provide joint instructions to an expert, with provisions for dissenting instructions if agreement could not be reached.