Pirelli and Pirelli

Forrest J of the Federal Circuit Court considered applications to vary interim orders made on 5 May 2017. The proceedings involved a dispute between a husband and wife, with the court being asked to make significant adjustments to the existing interim orders concerning spousal maintenance, child support, and the distribution of funds held in trust.

The court was required to determine whether to vary the existing interim orders regarding the amount of spousal maintenance payable by the husband to the wife, and to incorporate a mechanism for the husband to meet his child support obligations, including private school fees. Further issues before the court included the discharge of specific paragraphs of the previous orders, the manner in which funds held on trust by B Lawyers should be paid, and the impact of these payments on future property adjustment orders. The court also had to consider applications relating to credit card liabilities, the wife's possession of motor vehicles, and other outstanding interim applications.

Forrest J varied the interim orders by increasing the weekly spousal maintenance amount and adding a provision for the husband to pay child support, conditional on that amount being used solely for that purpose. Several paragraphs of the previous orders were discharged. Crucially, the court ordered the distribution of funds held on trust by B Lawyers, prioritising payment of arrears of interim spousal maintenance, a lump sum for one year's interim spousal maintenance, a rental bond deposit, mediator and expert accountant costs, and interim litigation costs funding for the wife. The court also clarified that the impact of these payments on property adjustment orders would be a matter for the Trial Judge. The husband was also ordered to provide information regarding credit card liabilities and to refrain from interfering with the wife's possession of two motor vehicles.