Sheridan & Sheridan

This matter concerned a review of orders made by a registrar concerning spousal maintenance and the interim distribution of property between the applicant wife, Ms Sheridan, and the respondent husband, Mr Sheridan. The wife sought spousal maintenance and the release of funds for legal expenses, while the husband sought to be relieved of an undertaking not to deal with the former matrimonial home to enable him to borrow funds to meet his tax liabilities.

The court was required to determine whether the registrar erred in her assessment of the husband's income and the wife's expenses when calculating spousal maintenance, and whether the registrar failed to determine an oral application made by the wife. Additionally, the court needed to consider the wife's application for the release of sale proceeds, which had already been expended, and the husband's application to borrow against the former matrimonial home. The court also had to determine the appropriate interim property distribution to address the husband's taxation liability and the wife's need to pay the children's school fees.

Carew J found that the registrar had double-counted certain expenses and made a mistake regarding the husband's income when determining spousal maintenance, leading to an overestimation of the amount. The court also noted that an oral application made by the wife had not been determined. Regarding the release of sale proceeds, the court found this aspect of the review to be otiose as the funds had already been expended. The court adjusted the wife's weekly expenses to a reasonable amount and, considering the husband's capacity to pay and the wife's responsibilities and limited earning capacity, ordered the husband to pay periodic spousal maintenance of $1,410 per week, commencing from the date of the registrar's order, and to continue paying the rates on the former matrimonial home.

The court allowed the review of the spousal maintenance order and set aside the registrar's original order for periodic spousal maintenance. The husband was ordered to pay $1,410 per week in spousal maintenance, backdated to 8 December 2020, and to continue paying the council rates on the former matrimonial home. The court also ordered that specified sums be released from controlled monies to pay the anticipated capital gains tax liability and the children's school fees. The review of the order concerning the payment of sale proceeds was dismissed as moot.