TRISHNA & THUKRAL

In the matter of *Trishna & Thukral*, Rees J of the Family Court of Australia considered applications made by both the wife and the husband. The wife sought interim spousal maintenance, litigation funding, and a departure order under the *Child Support (Assessment) Act 1985* (Cth). The husband sought orders regarding the matrimonial home and a motor vehicle.

The primary legal issues before the court were whether the wife was entitled to interim spousal maintenance, litigation funding, or a departure order, and what interim property and financial orders should be made concerning the parties' assets and liabilities. The court was also required to assess the husband's capacity to pay spousal maintenance, taking into account his income and expenses, and to consider the disclosure obligations of both parties under the *Family Law Rules 2004* (Cth).

Rees J dismissed the wife's applications for litigation funding, interim spousal maintenance, and a departure order, finding that based on the evidence, the husband had no capacity to pay spousal maintenance. The court noted that the husband's asserted income, after accounting for necessary expenses, left an excess of only $165 per week, which was insufficient to meet his own living expenses. The court also disregarded the husband's claim for credit card repayments as a double-counting of expenses and took into account business expenses paid by the husband's company. The court made interim orders granting the wife sole occupation of the property at F Street, Suburb G, restraining the husband from attending the property, and ordering the husband to transfer legal title of a motor vehicle to the wife. The husband was also ordered to continue paying the mortgage, building insurance, council rates, and water rates for the property.