Watson and Watson (No 2)

This matter concerned interim financial orders sought by the Wife against the Husband in proceedings before Dessau J of the Family Court of Australia. The dispute involved the division of assets and liabilities, as well as spousal and child maintenance, pending a final property settlement.

The court was required to determine the appropriate interim financial arrangements for the parties, including the payment of various property expenses, spousal maintenance, and child-related costs. Specifically, the court had to decide which party should bear responsibility for mortgage payments on the former matrimonial home and an investment property, as well as associated outgoings such as rates and insurance. Furthermore, the court needed to make orders regarding spousal maintenance and the payment of school fees and other expenses for the children.

Dessau J made orders by consent and by way of contested application. By consent, the Husband was to pay school fees and related expenses for the children. The court also ordered, not by consent, that the Husband pay specific mortgage instalments and shortfall amounts for the former matrimonial home and the investment property, along with all rates, insurances, and owner's corporation fees for both properties. The Husband was also ordered to pay for certain utilities and telephone bills for the Wife upon provision of accounts. Additionally, the Husband was ordered, not by consent, to pay for the maintenance, insurance, registration, and petrol for the Wife's motor vehicle. By consent, the Husband was to maintain private health and ambulance cover for the Wife and children, and pay the Wife's life insurance premiums. Crucially, the Husband was ordered to pay periodic spousal maintenance of $1,550.00 per week. All payments by the Husband were to be credited against any Child Support Assessment.

The court ordered that all other interim financial applications be dismissed, but adjourned the application for a property settlement to a later date.