JOLIFFE & JOLIFFE

In the matter of *Joliffe & Joliffe*, the parties sought orders for a partial property settlement and the suspension of existing spousal maintenance orders. The court was asked to consider whether it was just and equitable to make these orders in the circumstances.

The primary legal issues before the court were whether to suspend the existing spousal maintenance orders and, in lieu thereof, to make orders for a further lump sum payment to the wife, to be characterised at trial. Additionally, the court was required to determine the terms of a partial property settlement, including specific payment amounts to both the husband and wife from the net proceeds of a property sale.

Macmillan J, by consent, made orders suspending the spousal maintenance provisions. The court found it just and equitable to make orders for a partial property settlement, directing the payment of $150,000 to the wife as a partial property settlement, and a further $50,000 to the wife to be characterised at trial. The husband was to receive $20,000, less a sum of $5,824 to be paid to the wife's solicitors for costs. The orders also provided for the establishment of a joint interest-bearing account and the subsequent payment of remaining deposit monies into this account. Further directions were given regarding mortgage repayments and the court authorised a Registrar to sign documents on behalf of a defaulting party pursuant to section 106A of the *Family Law Act 1975* (Cth). Questions of costs were reserved or to be determined by written submissions.