Varma and Menon

In Varma and Menon, heard before Judge Harland, the dispute concerned interim spousal maintenance and procedural directions for a contested final hearing. The wife sought interim spousal maintenance, and the court was required to determine the appropriate amount pending the final resolution of property settlement and other matters.

The court was tasked with determining the quantum of interim spousal maintenance payable by the husband to the wife. Additionally, the court needed to establish clear procedural orders to ensure the efficient and timely progression of the case towards a contested hearing, including directions regarding the filing of evidence, expert reports, and pre-trial submissions.

Judge Harland ordered the husband to pay $220 per week in interim spousal maintenance to the wife, commencing on 19 November 2018. The court also issued detailed procedural directions for the adjourned contested hearing on 20 February 2019. These directions mandated the filing of specific affidavits, limited the reliance on past affidavits without leave, and required the provision of comprehensive case outlines by each party at least 72 hours prior to the trial. The court also stipulated requirements for notifying expert witnesses and providing them with trial affidavits, as well as the return date for subpoenaed material. A note was included warning of potential consequences for non-compliance with these orders, including striking out applications, proceeding undefended, or vacating the trial date.