RYERS & RYERS

In the matter of Ryers & Ryers, the wife sought urgent spousal maintenance from the husband. The court considered the wife's inability to adequately support herself under section 72(1)(a) of the relevant legislation and the husband's capacity to pay.

The primary legal issues before the court were whether the wife was unable to support herself adequately and whether the husband had the capacity to pay urgent spousal maintenance. The court was also required to determine the appropriate quantum of such maintenance and to make orders regarding child support and the preservation of assets.

McClelland J found that the wife was unable to support herself adequately and that the husband had the capacity to pay urgent spousal maintenance. The court ordered the husband to pay $555 per week by way of spousal maintenance, with the first payment due within seven days. Additionally, the husband was ordered to pay a lump sum of $15,000 to the wife as urgent spousal maintenance. The court also made orders for urgent child support payments of $1,000 per week and imposed restraints on the parties' access to various bank and investment accounts, as well as the husband's dealings with his interest in F Limited and loan repayments to G Pty Ltd. The husband was also required to provide rental guarantee or other necessary documents to assist the wife in securing rental accommodation up to $1,650 per week for a period of three months, or until a further interim hearing. The court noted the husband's lease over a property at I Street and provided for the exclusive occupancy of a leased property at M Street, Suburb N, NSW, with specific conditions regarding rental payments and the cessation of additional spousal maintenance if the wife took exclusive occupancy of the Suburb N property. The matter was adjourned for further interim hearing.