UNDERHILL & HAGAR

In the Federal Circuit Court of Australia, Judge C. E. Kirton QC considered an application for spousal maintenance made by the Applicant against the Respondent. The dispute arose from a de facto relationship of approximately two years' duration, during which one child, aged 14 months, was born and resided with the Applicant.

The primary legal issue before the court was the assessment of the Applicant's entitlement to spousal maintenance under section 90SF(3) of the *Family Law Act 1975* (Cth). This required the court to consider various factors relevant to the circumstances of the parties and the child of the relationship.

The court reasoned that an order for spousal maintenance was appropriate given the circumstances. The order for weekly maintenance was made pursuant to section 90SE of the *Family Law Act 1975* (Cth). The court also made directions regarding the filing of further documents by the Respondent and adjourned the matter for mention. Crucially, the court noted that the maintenance payments were in lieu of any other periodic support for the Applicant, but did not negate the Respondent's obligation to pay child support.