Morton and Morton

In *Morton and Morton*, Watts J of the Family Court of Australia considered an application for spousal maintenance and interim property settlement. The dispute involved a husband and wife, with the wife seeking financial support and a division of property pending final resolution of their proceedings.

The court was required to determine the appropriate quantum of interim spousal maintenance to be paid by the husband to the wife, and to make interim orders for property settlement. Additionally, the court needed to consider how to manage the proceeds of a property sale and to address the potential impact of legal fee payments on future property adjustments. The court also had to decide on injunctive relief to protect a specific asset.

Watts J ordered the husband to pay the wife $1,400 per week by way of spousal maintenance, with a mechanism to reduce this obligation by amounts paid from trusts controlled by the husband, and an indemnity for any tax incurred by the wife on such payments. The court also ordered that the net proceeds of the sale of a property be placed into a controlled monies account. Further, by way of interim property settlement, the husband was ordered to pay the wife $80,000. The court noted that adjustments for legal fees paid by the husband and potential use of the $80,000 by the wife for legal fees would be a matter for the trial judge. An injunction was granted restraining the husband from dealing with a property at D Street, Suburb E, without the wife's consent. The wife's application in a case and the husband's response were otherwise dismissed.