LISTER & LISTER

In *Lister & Lister*, Johns J of the Family Court of Australia considered an application by the wife for spousal maintenance and orders concerning the sale of a jointly owned property. The dispute centred on the appropriate level of periodic spousal maintenance to be paid by the husband to the wife, and the distribution of proceeds from the sale of their former matrimonial home.

The court was required to determine the quantum of spousal maintenance payable by the husband, considering the wife's needs and the husband's capacity to pay, and to establish a clear order of priority for the application of the proceeds from the sale of the property located at G Street, Suburb B. This included determining the order of payments for selling costs, mortgage discharge, and specific lump sums to be paid to both parties, as well as repayment of certain expenses and the ultimate distribution of any remaining balance.

Johns J reasoned that a phased approach to spousal maintenance was appropriate, commencing with a lower amount and increasing it upon the settlement of the property sale, and further increasing it six months thereafter to reflect the wife's ongoing needs and the husband's evolving financial capacity. The court also made detailed orders regarding the application of the sale proceeds, prioritising selling costs and mortgage discharge before allocating specific sums to the wife and husband, and then to the repayment of specific debts. Any remaining balance was to be held in a controlled investment account pending further agreement or court order. The court dismissed the parties' applications in their entirety, save for the specific orders made regarding maintenance and property sale proceeds, and adjourned all extant applications to a conciliation conference.