McBryde and McBryde

This matter concerned an application for spousal maintenance brought by the wife against the husband. The proceedings were before Judge Betts.

The court was required to determine the appropriate quantum and form of spousal maintenance to be paid by the husband to the wife. This involved considering the parties' respective financial circumstances and needs, as well as the husband's capacity to pay.

Judge Betts ordered the husband to pay spousal maintenance until further order. This included the mortgage repayments, council and water rates, and utility and insurance costs for two properties, as well as lease repayments and running costs for the wife's motor vehicle. Additionally, the husband was ordered to maintain the wife's private health insurance and to pay $569 per week directly to the wife. The court noted that the husband was expected to continue receiving the parties' joint share of rental income from commercial properties, and that while formal orders for school fees were not made, the husband was expected to continue meeting these costs, as they were considered child support rather than spousal maintenance. The wife was ordered to notify the husband of any paid employment, and the husband was to notify the wife of any repayment of shareholder loans. Costs were reserved, and the proceedings were adjourned for directions.