STOCK & MAUDLIN

In *Stock & Maudlin*, the applicant husband sought to discharge spousal maintenance orders made against him in favour of the respondent wife. The primary basis for the application was the wife's alleged cohabitation with another person and a failure to make full and frank disclosure of her financial circumstances. The matter came before Judge Young.

The court was required to determine whether the circumstances had so significantly changed since the making of the original maintenance orders as to warrant their discharge. Specifically, the court had to consider the impact of the wife's cohabitation on her need for maintenance and whether any non-disclosure by the wife constituted a material misrepresentation that would justify setting aside the existing orders.

Judge Young found that the wife had indeed cohabited with another person for a substantial period, which altered her financial position and reduced her need for spousal maintenance. Furthermore, the court determined that the wife had failed to make full and frank disclosure of her financial circumstances at the time the original orders were made. Applying the principles of family law concerning spousal maintenance and the court's power to discharge or vary such orders in response to changed circumstances or material non-disclosure, the court concluded that the original orders should be discharged.

Consequently, the order requiring the husband to pay $100 per week in spousal maintenance was discharged. Arrears of maintenance were fixed at $11,600, with all but $3,400 of these arrears being discharged. The applicant husband was ordered to pay the respondent wife the sum of $3,400 within 60 days. There was no order for costs, and all other extant applications were dismissed.