Montgomery and Montgomery and Anor

In the matter of *Montgomery and Montgomery and Anor*, Judge Henderson considered applications concerning spousal maintenance and property settlement between the parties. The wife sought and was granted interim spousal maintenance, and the court also made orders for the sale of the parties' boat, appointing the wife as trustee for sale. Additionally, a subpoena issued to the husband's mother was dismissed.

The court was required to determine the terms of the wife's appointment as trustee for the sale of the boat, including the distribution of sale proceeds, and to set the amount of interim spousal maintenance payable by the husband. Further issues included the husband's obligation to provide information and access for the boat sale, and the husband's responsibility for ongoing boat expenses. The court also addressed the husband's obligation to sign for a single expert valuer and the dismissal of a subpoena issued to the husband's mother.

Judge Henderson varied previous orders by appointing the wife as the sole trustee for the sale of the parties' boat, with directions for the distribution of proceeds after sale costs. This included interim property settlement payments to both parties and the balance to be applied to the mortgage on the former matrimonial home. The husband was ordered to provide necessary information and access for the sale and was restrained from accessing the boat without the wife's consent. The husband was also made responsible for all outgoings related to the boat until its sale, which was to be completed by 2 December 2016. Interim spousal maintenance was set at $1,275 per week, with a provision for reduction based on any decrease in mortgage repayments following the boat sale. The husband was also ordered to pay mortgage arrears and to sign for a single expert valuer. The subpoena issued to the husband's mother was dismissed, with the wife ordered to pay her costs.