NOWING & NOWING

In the matter of NOWING & NOWING, Kent J of the Family Court of Australia considered an application by the Wife seeking numerous interlocutory and interim orders. These included orders for the sale of the former matrimonial home, interim spousal maintenance, adult child maintenance, litigation funding, disclosure, injunctive relief, and costs. Due to the volume of applications and the limited time allocated for interim hearings, the Court determined it could only address the most urgent matters within the prescribed two-hour period.

The primary legal issues before the Court were the appropriate orders to be made concerning the sale of the former matrimonial home, the provision of interim spousal maintenance, and the granting of litigation funding. The Court also had to consider the extent of disclosure and injunctive relief that could be addressed within the limited hearing time, with the remaining applications to be adjourned. The nature of interim orders for limited periods, particularly regarding spousal maintenance, and the degree of evidence required in a circumscribed hearing without cross-examination were also central to the determination.

Kent J ordered that the former matrimonial home be placed on the market for sale, with specific provisions regarding the listing agent, sale price, and co-operation between the parties. The Wife was granted liberty to relocate to the property with sole occupancy until settlement, subject to certain conditions, and was made responsible for specified costs associated with the property, with the Husband to cover others. Upon sale, proceeds were to be appropriated first for sale costs and encumbrances, with the balance to be divided 33% to each party, and the remainder held pending further agreement or court order. The Court also ordered monthly redraws from a bank overdraft facility secured by the property, providing $20,000 per month to each party as partial property settlement, ceasing upon sale or further order. Interim spousal maintenance was ordered to be paid weekly to the Wife, along with her gap medical and dental expenses, subject to reduction by any net income she derived from employment. Further orders by consent addressed the Husband's loan drawings, disclosure of company sale information, and provision of bank statements and financial accounts. The Wife was granted liberty to relist her application for disclosure, injunctions, adult child maintenance, and other outstanding orders in a future duty list, and the requirement for a conciliation conference was dispensed with. Costs were reserved for each party.