Skinner and Skinner

This matter concerned an application by Mr Skinner against Mrs Skinner, his wife. The husband sought various orders including spousal maintenance, payment of specific accounts and expenses, a mortgage drawdown to cover his credit card debt, and the sale of shares for litigation funding. The wife, in her response, sought sole occupancy of the home, sale of a farming property with proceeds divided, and a shared living arrangement for their child, A. The central dispute revolved around financial matters and parenting arrangements for their 13-year-old daughter.

The court was required to determine several legal issues. These included whether the husband was entitled to spousal maintenance, considering his inability to work due to injury and the wife's earning capacity. The court also had to consider requests for litigation funding, the sale of assets to meet expenses, and the wife's ability to service additional debt. Furthermore, the court needed to address issues of exclusive occupancy of the matrimonial home and interim parenting orders, particularly in light of the child's views and welfare.

Justice Cronin applied section 72 of the *Family Law Act 1975* (Cth) to the spousal maintenance claim, finding the husband unable to support himself due to physical incapacity for gainful employment. However, he determined the wife lacked the capacity to provide further maintenance, given her income and essential expenses. Regarding litigation funding, the court referenced *Zschokke* and *Bing*, concluding that the husband's financial affairs were not complex and there was no significant disparity in financial strength to warrant an order for asset reshuffling for legal costs. The court also declined to make interim orders for exclusive occupancy or parenting arrangements, citing a lack of objective evidence and the gravity of ouster orders, while noting the child's welfare was paramount.

The court made several orders, including adjourning certain aspects of the wife's response, dismissing parts of both parties' applications, and ordering the husband, wife, and child A to attend a psychologist for a family report concerning parenting issues under section 60CC of the *Family Law Act 1975* (Cth). The parties were to share the cost of this report equally, with the wife initially paying the full cost, and the husband reimbursing half at the time of property settlement, including half of any borrowing costs. Procedural orders were made for written submissions on costs, with a deadline of 17 August 2007 for applications and 24 August 2007 for replies.