KILGOWE & BRICKETT

In the Family Court of Australia, Ms Kilgowe (the applicant) and Mr Brickett (the respondent) sought various interim orders concerning property, spouse maintenance, costs, and parenting arrangements following the breakdown of their de facto relationship. The applicant sought interim spouse maintenance, a lump sum payment into an account servicing the mortgage on the former matrimonial home, and interim costs, including a "dollar for dollar" order for future legal expenses. The respondent sought to vary existing parenting orders, the sale of the former matrimonial home, and the valuation of his commercial interests by a single expert.

The court was required to determine several key legal issues. Firstly, whether the applicant was unable to adequately support herself for the purposes of section 90SF of the *Family Law Act 1975* (Cth), thereby establishing eligibility for interim spouse maintenance. Secondly, the court needed to assess the respondent's capacity to pay spouse maintenance. Thirdly, the court had to consider the applications for interim costs and the specific request for a "dollar for dollar" order. Finally, the court was tasked with determining whether to order the sale of the former matrimonial home and whether to vary the interim parenting orders.

Justice Stevenson found that the applicant was unable to adequately support herself, satisfying the threshold for interim spouse maintenance under s 90SF, despite noting that she could potentially make greater efforts to engage in gainful employment. The court determined that the respondent had the capacity to pay spouse maintenance and ordered him to pay $450 per week. Regarding the former matrimonial home, the court deemed it premature to order its sale at this interim stage. The court also dismissed the respondent's application to vary the interim parenting orders.

The court made specific interim orders, including the respondent paying $450 per week in interim spouse maintenance. The respondent was also ordered to transfer $50,000 from his St George Bank account to the account servicing the mortgage on the former matrimonial home. Furthermore, the balance of his St George Bank account, after compliance with the previous order, was to be paid to the applicant's solicitor as interim costs. All other outstanding applications seeking interim orders were dismissed.