Mulray and Gordon

This matter concerned orders made by Moore J in the Federal Circuit Court of Australia concerning property settlement and spousal maintenance. The dispute involved the division of assets and the provision of financial support between a husband and wife.

The court was required to determine the appropriate orders for the transfer of property, the payment of a lump sum, the exclusive occupancy of a residence, the payment of ongoing expenses related to properties, and the quantum and duration of spousal maintenance, including conditions for its reduction or cessation based on the wife's employment.

Moore J ordered the husband to transfer his interest in the property at 10 R Street to the wife, unencumbered, and to pay her a sum of $146,000. The wife was granted exclusive occupancy of the property at 12 R Street until 14 days after the expiration of its current lease, provided she maintained its condition. The husband was directed to meet mortgage instalments and rates for 10 R Street pending its transfer, and the wife was to meet these expenses for 12 R Street during her occupation. Each party was otherwise entitled to retain their existing property. The husband was ordered to pay spousal maintenance of $1,000 per week until 30 March 2010, with provisions for this amount to be reduced to $500 per week if the wife earned a gross salary of $35,000 per annum, or to nil if she earned $60,000 per annum, requiring her to inform the husband of any employment.