Selena & Montez and Ors

The parties to this proceeding were Selena (the Wife) and Montez (the Husband), along with other respondents. The Wife sought various interim orders concerning litigation funding, spousal maintenance, injunctions, and disclosure. The matter came before McClelland J in the Family Court of Australia.

The primary legal issues before the Court were whether to grant the Wife's applications for interim property distribution, spousal maintenance, and costs, and whether to grant the injunctions sought. Specifically, the Court had to determine if the Wife had satisfied the threshold requirements for spousal maintenance under section 72 of the *Family Law Act 1975* (Cth), and whether the amount sought for interim property distribution was appropriate. The Court also considered the Wife's application for costs under section 117 of the Act, and the basis for any injunctions.

McClelland J dismissed the Wife's application for costs, finding that she had not satisfied the Court that an order displacing the presumption that each party bears their own costs was warranted. While acknowledging the Wife had access to fewer financial resources than the Husband, the Court noted she had significant equity in a jointly owned property and had not provided evidence of attempts to borrow against it or return to the workforce. The Wife's application for spousal maintenance was also dismissed as she failed to demonstrate she could not adequately support herself, a gateway requirement under section 72. The Court found the amount sought for interim property distribution to be excessive, but ordered a distribution of $44,922 to the Wife, conditional upon her facilitating the Husband's ability to borrow funds against a jointly owned property. The Court also made orders for mutual disclosure of documents and granted limited injunctions restraining the Husband from certain actions concerning J Pty Ltd and requiring disclosure of information regarding the Montez Discretionary Trust.