Rigby and Kingston & Ors

In the Family Court of Australia, before Carew J, the proceedings involved a husband and wife, with other respondents also noted. The husband sought further litigation funding and interim spousal maintenance. The wife contended that the husband had not satisfied the onus of establishing his inability to support himself adequately, despite her significantly superior financial position and substantial prior contributions to his legal costs. The dispute also involved complex property issues, with a history of trial dates addressing specific issues without full resolution.

The court was required to determine whether to grant the husband's application for further litigation funding, considering the wife's financial advantage, the complexity of the property matters, and the fact that previous funding by the wife would not be recoverable if she succeeded. Additionally, the court had to assess the husband's claim for interim spousal maintenance, balancing his recent job termination against the wife's argument that he had not met the threshold for demonstrating an inability to self-support, and considering a reasonable period for him to find new employment. The court also needed to manage the ongoing litigation, which had already involved findings on ten specific issues but remained unresolved.

Regarding litigation funding, the court found that on balance, it was not just to make a further order, and thus dismissed the husband's application. In relation to spousal maintenance, the court ordered the wife to pay the husband $962 per week until 16 April 2021, allowing him a reasonable period to secure new employment. The proceedings were to continue with a further series of trial dates allocated for three days commencing 13 April 2021, to determine four outstanding issues concerning the wife's interests in the "Kingston Group" property, the effect of an Umbrella Deed, the wife's other sources of financial support, and whether a property settlement order under s 79(1) of the *Family Law Act 1975* (Cth) would be just and equitable. Directions were also given for the filing of further affidavits, case outlines, and amended Points of Claim, with liberty for other respondents to participate.