Lotta and Lotta (No 2)

In the matter of Lotta and Lotta (No 2), Foster J considered the outstanding spousal maintenance obligations of the husband to the wife. The dispute centred on the quantum of arrears and the method of their recovery.

The court was required to determine the precise amount of spousal maintenance owing by the husband to the wife, and to make orders for the payment of this sum. Further, the court needed to establish a mechanism for the enforcement of the maintenance order in the event of the husband's default.

Foster J ordered that the husband owed the wife $14,800 in spousal maintenance. The husband was directed to pay this amount within 14 days. In default of payment, the wife was appointed trustee for sale of the husband's shareholdings in IAG and AMP, with the proceeds to be applied first to the maintenance arrears, then to selling costs and enforcement costs, and any balance to the husband. The court also made orders for the execution of necessary documents and granted liberty to apply regarding the implementation or enforcement of the orders.