JOLIFFE & JOLIFFE

In this matter before Macmillan J, the wife sought urgent spousal maintenance from the husband. The wife, aged 58, had not been in paid employment for 15 years and was caring for the parties' child. She contended she was unable to adequately support herself and had an immediate need for financial assistance. The husband argued he lacked the capacity to pay maintenance.

The court was required to determine whether the wife was unable to adequately support herself and had an immediate need for financial support, and if so, whether the husband had the capacity to meet an order for urgent spousal maintenance.

Macmillan J found that the wife was indeed unable to adequately support herself and had an immediate need for financial support, satisfying the requirements of section 77 of the *Family Law Act 1975* (Cth). The court also found that the husband possessed the capacity to meet an order for urgent spousal maintenance. Consequently, the husband was ordered to pay the wife $750 per week by way of urgent periodic spousal maintenance and a further lump sum of $1,300 by way of urgent lump sum spousal maintenance. The orders also included provisions for the wife's sole use and occupation of the marital home, the payment of certain expenses related to the wife's motor vehicle and private health insurance, and a significant number of injunctions aimed at preserving assets and requiring extensive financial disclosure from the husband.