Thomas and George

In *Thomas & George* [2012] FamCA 915, the Family Court of Australia considered interlocutory issues in property proceedings between Ms Thomas (the applicant wife) and Mr George (the respondent husband). The parties were married in 1988, separated in December 2010, and divorced in July 2011. They have two children, Raphael and Alexandra. The proceedings involved complex financial circumstances, including the husband's employment as Managing Director of SITA Australia, with income derived from a wage and anticipated bonuses, and significant rental expenses for both parties paid by the husband's employer.

The court was required to determine several legal issues, including the wife's claim for spousal maintenance, the terms of interim property settlement, the husband's obligation to pay for various costs associated with the proceedings such as valuations and translations, and the terms of an injunction regarding the husband's potential bonuses. Additionally, the court addressed disclosure obligations, the allocation of trial dates, and parenting orders concerning their daughter Alexandra.

Justice Loughnan applied the principles of the *Family Law Act 1975* (Cth), particularly sections 72, 74, and 75, in assessing the husband's capacity to support the wife, considering his income, earning capacity, financial resources, and property. The court adopted a broad approach to interim orders, acknowledging that any mischief could be rectified at a final hearing. The judge found that the husband had the capacity to meet the wife's claim for spousal maintenance, noting that her requested rent was significantly less than the amount previously paid for her accommodation. The court also ordered the husband to pay for valuations and translations, reserving the characterisation of these costs for the trial judge. An injunction was granted regarding the husband's bonuses, requiring him to pay them into a joint account with notice to the wife before any withdrawal. Disclosure orders were made to ensure the wife could satisfy herself regarding the husband's financial position.

The court made various orders by consent and otherwise. These included orders for interim property settlement, payment of costs for valuations and translations, an injunction regarding the husband's bonuses, and disclosure of banking and financial transaction data. Parenting orders were made for equal shared parental responsibility for Alexandra, with her living arrangements to accord with her wishes, and for the mother to provide Alexandra's US passport and vaccination records. The substantive property proceedings were adjourned for readiness, with a mention date set for October 2012.