SMART & SMART

In *SMART & SMART*, Hogan J of the Federal Circuit and Family Court of Australia considered an application by the husband to discharge part of a consent order. The wife sought interim spousal maintenance, including a lump sum payment, and an interim property division.

The primary legal issues before the court were whether the husband had discharged his onus of proving "new facts" to justify the discharge of the consent order, and whether interim spousal maintenance and an interim property division should be ordered.

Hogan J found that the husband had failed to establish the requisite "new facts" to warrant the discharge of the consent order. Regarding spousal maintenance, the court ordered periodic spousal maintenance for the wife, declining the request for a lump sum payment at this interim stage. The court also made orders for an interim division of property.