MEHTA & CRIMMINS

In the matter of Mehta & Crimmins, Foster J of the Federal Circuit and Family Court of Australia considered applications by the wife for spousal maintenance and interim costs, and an application by the husband for summary dismissal of the wife's application for final property orders. The wife, who was on a bridging visa, had no family support in Australia, was unable to work due to her visa status, and possessed no financial resources or assets in Australia, rendering her unable to support herself. Conversely, the husband had significant financial resources and assets and the capacity to pay maintenance.

The court was required to determine whether to grant the wife's applications for interim spousal maintenance and interim costs to fund litigation, and whether to summarily dismiss the wife's application for final property orders. The husband sought the summary dismissal of the wife's property application, citing unresolved issues regarding her assets in another country.

Foster J reasoned that the wife's circumstances clearly demonstrated a need for spousal maintenance and funding for her legal proceedings, given her lack of financial means and inability to work. The court found that the husband had the capacity to meet these needs. Regarding the husband's application for summary dismissal, the court determined that there were unresolved issues concerning the wife's assets abroad and that she likely had a claim under section 75(2) of the *Family Law Act 1975* (Cth). Consequently, it could not be said that her application was doomed to fail, and the application for summary dismissal was refused.

The court ordered the husband to pay the wife interim spousal maintenance of $1,500.00 per week, a lump sum of $15,000.00 by way of lump sum spousal maintenance, and a further sum of $67,000.00, the characterisation of which was reserved. The husband was also ordered to pay the wife a lump sum to fund litigation, the quantum of which was to be determined by written submissions. The application for summary dismissal was dismissed.