Marsh and Marsh and Anor

In *Marsh & Marsh and Anor* [2013] FamCA 445, the Family Court of Australia considered applications by Ms Marsh (the wife) for interim spousal maintenance and interim costs orders, and by Mr Marsh (the husband) for orders regarding the disposition of proceeds from the sale of a jointly owned property. The Commissioner for Taxation (the ATO) was also an intervener in the proceedings, due to the husband's significant indebtedness to the ATO.

The primary legal issues before the Court were whether the wife was entitled to interim spousal maintenance and, if so, in what amount, and how the proceeds of sale of the parties' property at LL Street, KK Town should be distributed, particularly in light of the husband's substantial debt to the ATO and the wife's claims for legal costs. The Court also had to determine whether to consider additional written submissions and an affidavit filed by the wife after the hearing had concluded.

Aldridge J, applying the principles in *Eastman v Director of Public Prosecutions (ACT)*, declined to consider the post-hearing submissions and affidavit, emphasising that arguments must be presented during the hearing itself unless exceptional circumstances arise. Regarding spousal maintenance, the Court found the wife's evidence regarding her expenses to be unsatisfactory due to discrepancies between her affidavit and financial statement. However, proceeding on the figures in the financial statement, which included expenses and income related to a property in CC Town, New Zealand, the Court determined a shortfall of $1,132.84 per week. The Court noted that while the CC Town property was acquired under circumstances where its existence was not disclosed to the husband, its mortgage remained a legitimate expense for the wife, and the property itself would be considered an asset in the overall property settlement. The Court ultimately ordered the husband to pay interim spousal maintenance of $1,132 per week until 15 August 2013, and thereafter $832 per week.

The Court also made orders concerning the distribution of the proceeds from the sale of the KK Town property. Pending further order, the balance of the proceeds, after payment of specified costs, were to be applied as follows: $250,000 to the wife's solicitors for her legal fees, $100,000 to the husband's solicitors for his legal fees, and the remainder in part payment of the husband's debt to the ATO.