WERNHER & WIECK

In the Family Court of Australia, Justice Le Poer Trench considered applications by both the husband and wife concerning property and child support. The husband sought the sale of the former matrimonial home, while the wife sought to retain it and have the husband pay certain outgoings, a request the court noted the husband had no present capacity to meet. The court also addressed the husband's application for a stay of a child support assessment.

The primary legal issues before the court were whether to order the sale of the former matrimonial home, whether the wife should retain the home and be paid certain outgoings by the husband, and whether to grant a stay of the child support assessment. The court was also required to determine the appropriate costs order.

Justice Le Poer Trench dismissed the husband's application for the sale of the former matrimonial home and the wife's application for the husband to pay outgoings, finding that the husband lacked the capacity to meet those outgoings. Regarding the child support assessment, the court dismissed the husband's application for a stay, finding a lack of procedural fairness to the Registrar in accordance with rule 4.23 of the Family Law Rules. The husband was ordered to pay two-thirds of the wife's costs on a party and party basis. The court also made directions for future progress of the matter, including a review of the South Australian litigation and a potential telephone attendance to prepare the matter for trial.