Saintclaire and Saintclaire (No 2)

Case

[2011] FamCA 136

22 February 2011


Details
AGLC Case Decision Date
Saintclaire and Saintclaire (No 2) [2011] FamCA 136 [2011] FamCA 136 22 February 2011

CaseChat Overview and Summary

In *Saintclaire and Saintclaire (No 2)*, Rose J considered interim applications made by the wife for spousal maintenance, an injunction to preserve the former matrimonial home, and interim costs. The dispute concerned financial provision and property preservation pending final resolution of the marriage.

The court was required to determine whether to grant interim orders for periodic and lump sum maintenance, an injunction restraining the husband from dealing with the former matrimonial home, and an order for interim costs. The wife sought to secure her financial position and preserve a key asset of the marriage.

Rose J ordered the husband to pay the wife $777.00 per week by way of maintenance, plus an additional $400.00 per week or such lesser amount as represented her rent for new premises for herself and the two children. A lump sum of $20,000.00 was also ordered for maintenance, payable by a specified date. The husband was further ordered to pay any additional income tax payable by the wife for the year ended 30 June 2010. In addition, the husband was ordered to pay $20,000.00 by way of interim costs. The court also granted an injunction restraining the husband from selling, transferring, mortgaging, or encumbering his interest in the former matrimonial home. Finally, the husband was restrained from molesting, abusing, harassing, or interfering with the wife, with this order made without admissions. The parties had reached agreement regarding the division of personal belongings and furniture.
Details

Areas of Law

  • Family Law

  • Equity & Trusts

Legal Concepts

  • Injunction

  • Costs

  • Remedies

  • Procedural Fairness

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