Kozlov & Kozlov

In *Kozlov & Kozlov*, the applicant husband sought interim spousal maintenance and injunctions restraining the respondent wife from dissipating funds under her control. The dispute arose in the context of family law proceedings, with the husband expressing concerns about the potential dissipation of significant capital funds held by the wife, particularly in light of a recent alleged violent incident involving the wife's father.

The court was required to determine whether to grant interim spousal maintenance to the husband and whether to impose injunctions to secure funds held by the wife. Specifically, the court considered the principles governing the grant of interim spousal maintenance and the circumstances under which an injunction would be appropriate to prevent the dissipation of assets pending final resolution of property matters.

Foster J reasoned that the husband had established a need for interim spousal maintenance, noting the wife's receipt of substantial income protection payments and a significant TPD payout. The court also found that there was a sufficient risk of dissipation of funds by the wife, evidenced by a recent large transfer of funds to her mother and the husband's expressed concerns. Applying the relevant principles, the court concluded that it was appropriate to grant injunctions to secure a portion of the wife's funds and to order the payment of interim spousal maintenance from capital.

Consequently, the court ordered the wife to pay the husband $350 per week in interim spousal maintenance, permitting her to draw from capital funds for this purpose. The wife was also restrained from reducing the balance of a specific bank account below $800,000 without the husband's consent or a further court order. All other interim applications before the court were dismissed.