Strahan & Strahan (No 2)

In *Strahan & Strahan (No 2)*, Dawe J of the Family Court of Australia considered applications by the wife for interim property settlement, legal costs, spousal maintenance, and child support. The wife sought $24 million for property settlement, $2 million for legal costs, and $2 million for interim spousal maintenance. She also sought a departure from the administrative assessment of child support due to the child's special needs.

The court was required to determine whether it was just and equitable to order further interim property settlement, whether the wife had adequately explained the use of previously provided funds for legal costs, and whether it was just and equitable to order further costs. The court also had to consider the wife's claim for interim spousal maintenance, assessing the husband's capacity to pay and the reasonableness of the wife's claimed expenses, as well as whether it was just and equitable to depart from the administrative assessment of child support.

Regarding the property settlement and legal costs, Dawe J was not satisfied that further payments were just and equitable or appropriate at that stage, dismissing these applications. However, the court was satisfied that the husband had the capacity to pay spousal maintenance, noting the parties' high standard of living during the marriage. After considering the reasonableness of the wife's claimed expenses, the court ordered the husband to pay interim spouse maintenance of $26,021 per calendar month pending trial. The application for departure from the child support assessment was also dismissed, as the court found it was not just and equitable to make such an order, particularly given the husband's voluntary contributions to the child's care.