Lane and Lane

Case

[2009] FamCA 704

5 August 2009


Details
AGLC Case Decision Date
Lane and Lane [2009] FamCA 704 [2009] FamCA 704 5 August 2009

CaseChat Overview and Summary

In *Lane and Lane*, the Family Court of Australia considered applications for interim spousal maintenance and child support, as well as orders relating to the costs of expert valuations and legal representation. The proceedings involved a husband and wife, with the court being asked to make orders concerning their financial arrangements pending final resolution of their property settlement.

The primary legal issues before the court were whether to discharge an existing interim spousal maintenance order and, if not, what level of interim spousal maintenance should be ordered. The court was also required to determine whether to depart from a child support assessment and, if so, to what extent the husband should contribute to child support. Furthermore, the court had to address the allocation of costs for various expert valuations and the provision of interim legal costs for the wife.

Johnston JR discharged the interim spousal maintenance order made on 29 May 2009 and, pending further order, directed the husband to pay the wife $1350 per week by way of spouse maintenance. The court also departed from the child support assessment, ordering the husband to pay $1000 per week for child support for a specified period. The court made detailed orders regarding the payment and reimbursement of costs for single expert accountants and valuers, and ordered the husband to pay $80,000 into the wife's solicitors' trust account for her legal costs incurred to date and to be incurred. The husband's application for an order appointing him as the wife's attorney was adjourned.
Details

Areas of Law

  • Family Law

  • Equity & Trusts

Legal Concepts

  • Costs

  • Remedies

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