Moroni & Moroni

In *Moroni & Moroni*, the wife sought various interim orders from the court, including property settlement, costs, child support, and spousal maintenance. The husband contended that the parties' assets were offset by unsecured liabilities to his father and associated entities, arguing that his family's contributions made it unsafe to make any interim distribution to the wife. He also sought the sale of the matrimonial home to repatriate debts.

The court was required to determine whether it was appropriate to exercise its power to make interim property settlement orders, considering the husband's claims regarding family contributions and his desire to sell the matrimonial home. Additionally, the court had to consider the wife's applications for interim costs, child support departure orders, and interim spousal maintenance, particularly in light of the alleged disparity in the parties' financial resources and the husband's funding from his family.

Watts J found it appropriate and in the interests of justice to make an interim property settlement order in favour of the wife, releasing $100,000 from a joint term deposit. The court did not accept the husband's assertions about his income and earning capacity, determining he had the capacity to pay interim spousal maintenance. Regarding child support, the court found it appropriate to order non-periodic payments for school fees and health costs from joint accounts, deeming the wife's claimed expenses reasonable and noting the husband's sufficient income to make child support payments after prioritising his debts. The court also made a "dollar for dollar" costs order in favour of the wife, acknowledging the unequal playing field due to the husband's family funding. The husband's application for the sale of the matrimonial home was not granted at that time.