McCloy and McCloy and Anor

In *McCloy and McCloy and Anor*, the applicant wife sought leave to institute proceedings for spousal maintenance and orders for spousal maintenance against the respondent husband. The matter came before Cleary J of the Family Court of Australia.

The primary legal issues before the Court were whether the applicant wife should be granted leave to commence spousal maintenance proceedings, and if so, what orders for spousal maintenance should be made. The Court was also required to consider the application of section 77A of the *Family Law Act 1975* (Cth) to any maintenance payments ordered.

Cleary J granted the applicant wife leave to institute proceedings for spousal maintenance pursuant to section 44(3) of the *Family Law Act 1975* (Cth). The Court ordered the respondent husband to pay spousal maintenance in a lump sum of $24,948, representing $1,386 per week from 7 February 2017 to 12 June 2017. Thereafter, pending further order, the husband was to pay $600 per week, commencing 13 June 2017, to an account nominated by the wife. Additionally, the husband was ordered to pay $8,500 within seven business days, representing amounts previously ordered to be paid to a line of credit account, with interest. The Court declared that this latter payment was an order to which section 77A of the *Family Law Act 1975* (Cth) applied, with the whole payment attributable to the provision of maintenance to the wife. The matter was adjourned for case management.