RUBY & RUBY

In proceedings before Foster J, the court considered applications by the wife for interim spousal maintenance and for orders restraining the husband from dealing with certain assets. The dispute concerned the parties' financial resources and the wife's immediate needs pending final resolution of their property settlement and spousal maintenance claims.

The primary legal issues before the court were: (1) whether the wife had established a threshold case for interim spousal maintenance, requiring consideration of her reasonable needs and the husband's capacity to pay; and (2) the extent to which the husband should be restrained from dealing with assets held within the Ruby Family Trust and the B Trust, and other assets removed from the matrimonial home.

Foster J reasoned that the wife had met the threshold for interim spousal maintenance, ordering the husband to pay $2,749 per week. The court also imposed significant interim restraining orders on the husband regarding the trusts, prohibiting dealings other than in the ordinary course of business or with the wife's written agreement. These orders included restrictions on exercising powers within the trusts, alienating assets or shares, appointing or removing directors, and providing benefits to certain individuals, with specific exceptions for ordinary living expenses, payments to satisfy maintenance orders, essential insurance and loan payments, and a $300,000 payment to the wife. The husband was also restrained from dealing with furniture and effects removed from the matrimonial home, and ordered to return specific artworks.

The court ordered the husband to pay the wife $300,000 within one month, reserving the characterisation of this payment. Further, the husband was ordered to meet specific ongoing expenses related to the wife's vehicle, joint overdraft facility, life insurance, and the matrimonial home insurance. The conciliation conference was vacated, and proceedings were adjourned for further directions.