SHAKIR & SHAKIR

In the matter of SHAKIR & SHAKIR, heard by Watts J, the husband sought interim orders concerning parenting, property settlement, and spousal maintenance. The wife sought the dismissal of the husband's interim parenting orders.

The court was required to determine whether there had been a change in circumstances justifying the variation of existing parenting orders, whether it was appropriate to make interim property orders, and whether the husband had established a need for and the wife had the capacity to pay periodic spousal maintenance.

Regarding parenting, the court found no change in circumstances since the previous orders were made and therefore dismissed the husband's application. In relation to property, the court considered whether the orders sought were conservatively within the range of potential outcomes. The court found that the wife controlled the majority of the parties' assets and that the husband had demonstrated a need for spousal maintenance, with the wife having the capacity to pay.

Consequently, the court dismissed the husband's interim parenting orders. It ordered the wife to pay the husband $86,099 within 28 days by way of interim property settlement, and $40,000 within 28 days for the acquisition of a motor vehicle, with any difference to be refunded. The wife was also ordered to pay the husband $197 per week in periodic spousal maintenance, pending further order. The parties were directed to sell a Harley Davidson motorcycle, with the proceeds to be paid to the wife. The wife was to continue paying for the husband's motor vehicle registration, insurance, and private health insurance. The non-periodic child support order was stood over, with liberty for the husband to relist the matter if the wife ceased paying school fees, day care fees, or private health insurance for the children. The matter was expedited on the court's own motion.