Jennings & Ellerton

In the matter of *Jennings & Ellerton*, heard by C Kelly J in the Federal Circuit and Family Court of Australia, Mr Jennings (the applicant) sought spousal maintenance from Ms Ellerton (the respondent). The dispute concerned the applicant's eligibility to apply for spousal maintenance, notwithstanding a prior agreement between the parties.

The primary legal issue before the court was whether the applicant was entitled to proceed with his application for spousal maintenance pursuant to section 90F of the *Family Law Act 1975* (Cth), despite the existence of an agreement made in 2006. This involved determining if the applicant was likely to have been eligible for an income-tested pension, allowance, or benefit from the Australian Government at the time the agreement came into effect.

C Kelly J reasoned that, based on the evidence presented, the applicant was likely eligible for an income-tested government pension or benefit at the relevant time. Consequently, the court found that section 90F(1A) of the *Family Law Act 1975* applied, entitling the applicant to proceed with his spousal maintenance application notwithstanding the 2006 agreement. The court noted that it could not hear submissions on the spousal maintenance application itself on that day and that an application to set aside the entire agreement also remained before the court.

The court made orders permitting the applicant to proceed with his amended application for spousal maintenance. Further orders directed the respondent to file her financial statement, for the parties to exchange proposals regarding interim spousal maintenance, and for discovery of financial documents. The matter was adjourned for further consideration, with directions for written submissions to be filed prior to the adjourned hearing.