Poulos and Poulos

In *Poulos and Poulos*, McClelland J of the Court made orders by consent between the husband and wife, pending further order. The dispute concerned interim arrangements for property settlement, spousal maintenance, and the use and occupation of properties and assets during divorce proceedings.

The court was required to determine the terms of interim orders concerning the husband's financial obligations towards the wife, including the continuation of health insurance, payment of expenses for the wife's car, and the provision of sole and unrestricted use of that vehicle. Further issues included the husband's obligation to pay a sum of $250,000 to the wife as partial property settlement, and the arrangements for the wife's relocation from a property, including the costs of removalists and the husband's exclusive occupation of that property thereafter. The court also needed to address the wife's entitlement to remove specific personal effects and furnishings from two properties, with the ultimate division of contents reserved for trial, and the husband's responsibility for all expenses relating to both properties. Finally, the court had to determine the quantum of weekly spousal maintenance payable by the husband to the wife and a lump sum payment for a rental bond.

The court's reasoning was based on the consent of the parties, leading to orders that sought to provide for the wife's immediate financial needs and living arrangements while preserving the ultimate determination of property entitlements for trial. The orders reflect a practical approach to interim financial relief and property division, ensuring the wife's access to essential services and a place to live, while also securing the husband's ability to occupy one of the family homes. The husband was ordered to pay all amounts necessary to maintain the wife's health insurance and meet all registration and insurance expenses for her car, granting her exclusive use of it. He was also restrained from operating a specific bank account except to pay the wife $250,000 as partial property settlement. The husband was to cover removal costs for the wife's move and would have exclusive occupation of the Suburb C property once she vacated. The wife was permitted to remove specified personal items and furnishings, with the division of remaining contents to be decided at trial. The husband was to meet all expenses for both properties, including mortgage repayments, rates, utilities, and insurance, and was to pay the wife $2,000 per week in spousal maintenance, along with a lump sum for a rental bond.