Tomlin and Tomlin

In *Tomlin & Tomlin*, the Family Court of Australia considered an application for interim spousal maintenance and other financial orders. The applicant wife sought various orders, including spousal maintenance, payment of household accounts, mortgage repayments on the former matrimonial home, and continued use of a motor vehicle. The respondent husband agreed to some of the wife's requests but opposed others, including spousal maintenance.

The primary legal issue before the court was whether the wife was entitled to interim spousal maintenance, and if so, in what amount. This required the court to determine if the wife was unable to support herself adequately, what her reasonable needs were, and whether the husband had the capacity to meet those needs. The court also considered the husband's obligation to pay mortgage repayments on the former matrimonial home pending its sale and to ensure the wife retained use of a motor vehicle.

The court applied the principles established in *Bevan & Bevan* and *Saxena & Saxena*, which outline a four-step process for assessing spousal maintenance claims. This involves establishing a threshold finding under s 72(1) of the *Family Law Act 1975* (Cth) that the applicant is unable to support themselves adequately, considering their reasonable needs, the respondent's capacity to pay, and finally, exercising discretion under s 74 having regard to the matters in s 75(2). The court found that the wife had established the threshold requirement, noting that "adequately" implies a reasonable standard of living in the circumstances, not merely subsistence. The court preferred the wife's evidence regarding her reasonable needs, finding her claimed weekly expenses of $850 to be reasonable, and rejected the husband's more restrictive assessment. The husband's capacity to pay was demonstrated by his recent sale of another property and his discretionary spending, despite claims of professional downturn. The court also considered the s 75(2) factors, including the length of the marriage and the wife's contribution to the husband's earning capacity.

The court ordered the husband to pay the wife interim spousal maintenance of $850 per week, commencing from the date of the application, and a lump sum to cover arrears. Additionally, the husband was ordered to pay the mortgage repayments on the former matrimonial home until its sale and to take all necessary steps to ensure the wife retained the use of the Jaguar motor vehicle. These orders were to remain in effect until the wife commenced receiving payments from the proceeds of the sale of the matrimonial home.