Merrill and Burt (No 3)

In *Merrill and Burt (No 3)*, Berman J of the Family Court of Australia considered applications by the de facto wife for interim property distributions. The applications concerned the payment of school fees for the parties' child and a cash payment to the de facto wife for her living expenses.

The court was required to determine whether it had the power to grant the interim orders sought and, if so, whether it was just and equitable to do so. Specifically, the court considered the appropriateness of ordering a distribution for the payment of the child's school fees, which the parties agreed was a joint expense, and the appropriateness of ordering a cash payment for the de facto wife's living expenses, particularly in light of her intention to pursue a *Stanford* argument.

Berman J reasoned that it was appropriate to grant the application for the payment of school fees, as this was a joint expense and the parties were in agreement. However, the court found that it was not just and equitable to grant the application for a cash payment to the de facto wife for her living expenses. The court noted that its power to grant interim property distributions was derived from the relevant family law legislation.

Consequently, the court ordered that the de facto wife take all necessary steps to withdraw $32,500 from her solicitors' trust account to pay the outstanding school fees for the 2016 academic year. The application for a distribution for the de facto wife's living expenses was dismissed.