PAXTON & MAHY

In the matter of *Paxton & Mahy*, Judge Roberts of the Family Court of Australia considered a dispute between a husband and wife concerning property settlement and spouse maintenance. The wife sought periodic spouse maintenance, asserting a physical incapacity for employment, and the court was required to assess the husband's capacity to pay. The property settlement involved the division of funds held in a joint trust account and the determination of how other assets, including superannuation, should be treated.

The primary legal issues before the court were whether the wife was entitled to periodic spouse maintenance, given her physical incapacity and the husband's financial capacity, and how the parties' property should be divided in a just and equitable manner. This included considering the wife's contributions, particularly in light of a workers compensation settlement she had received, and addressing the impact of a Centrelink preclusion period on any potential financial orders.

Judge Roberts reasoned that the wife's physical incapacity rendered her unable to earn an income, thus establishing a need for maintenance. The court found that the husband possessed the capacity to pay periodic spouse maintenance. In relation to property, the court ordered that the funds held in the joint trust account be divided, with an initial payment of $50,000 to the wife, followed by an equal division of the remaining balance. The court further ordered that each party retain their respective superannuation entitlements and any other property in their possession or control, free from any claim by the other.