Notaras & Notaras

In *Notaras & Notaras*, Altobelli J of the Family Court of Australia considered competing interlocutory applications made by the applicant wife and the first respondent husband in substantive property and maintenance proceedings. The parties, both aged 49, had cohabited since 1996 and separated in 2020, though they continued to reside in the former matrimonial home with their three children. The husband was the sole income earner, deriving income from a business conducted through corporate entities, while the wife's capacity to engage in employment was affected by the COVID-19 pandemic. The proceedings also involved a second respondent, Mr Wingate, a director of the corporate entities, who did not participate in the interim dispute.

The court was required to determine several issues, including whether to grant the wife exclusive occupation of the former matrimonial home, the wife's entitlement to interim spousal maintenance and payment of all expenses associated with the home, and interim financial provision for unspecified purposes. Additionally, the court had to consider various injunctive relief sought by both parties, including restrictions on accessing funds from corporate entities and restraining the parties from denigrating or harassing each other. The question of costs for the interim applications was also before the court.

Altobelli J dismissed the wife's application for exclusive occupation of the property and for an interim distribution of funds. However, by way of interim spousal maintenance, the husband was ordered to pay the wife $421 per week. The husband was also ordered to be solely responsible for all costs associated with the former matrimonial home, including mortgage repayments, council rates, insurances, and utility bills. The wife was restrained from accessing funds from any account held by D Pty Ltd, and both parties were restrained, on a without admissions basis, from denigrating or harassing each other. The costs of the interim applications were reserved, and the matter was referred back to the Docket Registrar for further case management.