Macarthur & Macarthur

In the matter of *Macarthur & Macarthur*, Altobelli J of the Family Court of Australia made orders concerning property and spousal maintenance. The proceedings involved Ms Macarthur as the applicant and Mr Macarthur as the respondent. The dispute centred on the division of property and the provision of interim spousal maintenance.

The court was required to determine the terms of interim spousal maintenance and to make orders for the sale of a property located at B Street, Suburb C, Queensland. Additionally, the court needed to address the disclosure of financial documents relating to this property and the disbursement of sale proceeds and rental income.

Altobelli J ordered the husband to provide specific financial documents relating to the Suburb C property within seven days, including mortgage and rental statements, invoices for outgoings, and records of termite damage and repairs. Both parties were directed to comply with their obligations of full and frank disclosure. Crucially, the court ordered the parties to list the Suburb C property for sale by public auction within 14 days, with provisions for the appointment of a real estate agent and solicitor if the parties could not agree. Upon sale, proceeds were to be disbursed in a specific priority: sale costs, mortgage discharge, outstanding rates, $80,000 to the wife, and the balance held pending further order. Rental income was to be applied to management fees, outgoings, loan repayments, and the remainder split equally. The husband was ordered to pay the wife interim spousal maintenance of $1,348 per week, increasing to $2,037 per week upon settlement of the Suburb C property.