Jabara & Gaber

Ms Jabara appeals against an interim spousal maintenance order and an order for partial property distribution made by a judge of the Federal Circuit Court on 9 February 2021. The order requires the wife to pay spousal maintenance of $500 per week to the husband. The wife further seeks leave to appeal an order that she pay the husband $100,000 by way of partial property distribution. This order has been stayed pending the disposition of the appeal. The wife sought leave to appeal and if leave is granted to appeal against these orders. The court found that leave should be granted in respect of the appeal against the partial property order. The wife contended that the husband was able adequately to maintain himself and was not therefore entitled to an order for spousal maintenance. The court concluded that the primary judge’s determination that the husband was not able adequately to support himself was open to her and no error is shown. The husband sought an order in the nature of a partial property settlement so that he could use the money to pay his anticipated legal costs. The court found that the primary judge erred in making the order for partial property distribution and the order is set aside and remitted for rehearing by a judge other than the primary judge. The application to adduce further evidence filed on 19 July 2021 is dismissed. The appeal has succeeded in relation to one order and failed in relation to the order for maintenance. In those circumstances, the court makes no orders as to costs and each party pay his or her own costs of the appeal.