SOUTHERS & SOUTHERS

Case

[2016] FamCA 67

15 February 2016


Details
AGLC Case Decision Date
SOUTHERS & SOUTHERS [2016] FamCA 67 [2016] FamCA 67 15 February 2016

CaseChat Overview and Summary

In *Southers & Southers*, heard before Le Poer Trench J, the proceedings concerned an application by the wife for interim spousal maintenance. The husband was the respondent to this application.

The central legal issue before the Court was whether to make an order for interim spousal maintenance under section 77 of the *Family Law Act 1975* (Cth). This required the Court to consider the financial circumstances of both parties and the need for the wife to receive financial support pending the final determination of the proceedings.

Le Poer Trench J reasoned that it was appropriate to make an interim order for spousal maintenance. The Court ordered the husband to pay the sum of $2,000 per calendar month to the wife, with payments due on the nineteenth day of each month. The order was made pending further order, and both parties were granted liberty to apply to vary or set aside the interim order upon giving 14 days' notice.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Remedies

  • Jurisdiction

  • Procedural Fairness

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