WALDEN & WALDEN

In the matter of WALDEN & WALDEN, Loughnan J considered applications by the wife concerning property and spousal maintenance. The wife sought an order for the parties to jointly fund an expert report on the condition of the matrimonial home, which the husband opposed. She also applied for leave to commence proceedings for spousal maintenance out of time.

The court was required to determine whether the proposed expert report constituted a proper joint expense, and if not, whether the wife should be granted leave to adduce expert evidence at her own expense. Additionally, the court had to consider the wife's application for leave to bring spousal maintenance proceedings out of time, applying the provisions of sections 44(3) and 44(4) of the *Family Law Act 1975* (Cth).

Loughnan J determined that the expert report was not a proper joint expense and therefore refused the wife's application for joint funding. However, leave was granted to the wife to adduce evidence from an expert she retained regarding the building's condition and necessary rectification works. Regarding spousal maintenance, the court found that the wife had not established a case for hardship, and consequently, her application for leave to commence proceedings out of time under s 44(3) was dismissed. The court also made orders for partial property settlement, including the release of specific sums from a joint bank account for property settlement, characterisation by the trial judge, and payment of children's school fees and other expenses.