LABONTE & LABONTE

This matter came before McClelland J concerning interim orders sought by the wife against the husband. The dispute involved financial matters arising from the parties' separation, including the disposition of assets and spousal maintenance.

The court was required to determine whether to grant interim injunctive relief restraining the husband from dealing with certain assets and paying money to his parents or entities in which they have an interest, and whether to order the husband to pay spousal maintenance and contribute to specific expenses. The court also considered the evidentiary standard applicable to interim applications and the reasonableness of the wife's claimed expenditures.

McClelland J applied the ordinary standard of proof in civil proceedings, as set out in s 140 of the Evidence Act 1995 (Cth), to the wife's Financial Statement. The judge considered the reasonableness of the wife's claimed expenditures, modifying certain items based on the lack of supporting documentary evidence and the presence of duplications or existing coverage within other categories. The court also took into account the husband's capacity to pay spousal maintenance, considering his accepted capacity and evidence of discretionary payments made.

The court ordered that the husband be restrained from paying money to his parents or related entities concerning the C Street development without the wife's consent, and from disposing of or encumbering his interests in trusts or dealing with trust assets, including units in the C Street development, without the wife's consent. The husband was also ordered to pay spousal maintenance of $1,265 per week, continue paying the mortgage on the Suburb D property, cover specified motor vehicle expenses for the wife, and pay a partial property distribution of $96,567 within 28 days.