Pether & Kay

In *Pether & Kay*, the parties were a married couple who had separated. The wife sought orders for spousal maintenance and child support, and also sought an order for costs to ensure her continued legal representation. The matter came before Judicial Registrar Johnston.

The court was required to determine whether to grant the wife's application for spousal maintenance, considering the parties' respective financial circumstances and needs. Additionally, the court had to assess the wife's application for child support, including whether a departure from the standard assessment was warranted. Finally, the court was asked to consider the wife's request for costs, specifically whether to order the husband to contribute to her legal fees to enable her to continue her representation in the proceedings.

Judicial Registrar Johnston considered the principles of spousal maintenance, which involve assessing the needs of the applicant and the capacity of the respondent to pay, having regard to the marital standard of living and the duration of the marriage. The court also applied the principles governing departure from child support assessments, which require demonstrating that the standard assessment would be inequitable having regard to specific circumstances. In relation to costs, the court considered the general principle that costs follow the event, but also the specific need to ensure a party's ability to participate effectively in litigation.

The court made orders for spousal maintenance and child support, and also ordered the husband to pay a contribution towards the wife's legal costs.