WESTACOTT & DUNWOODY

The parties to this proceeding were husband and wife. The husband sought interim spousal maintenance from the wife. The application was heard by Foster J in the Family Court of Australia.

The central legal issue before the court was whether the husband had discharged the onus of proving his inability to adequately support himself. This required the court to consider the principles governing applications for interim spousal maintenance in the Family Court.

Foster J reasoned that the onus rested on the applicant husband to demonstrate that he was unable to support himself adequately. Upon reviewing the evidence presented by the husband, his Honour concluded that this onus had not been discharged. Consequently, the husband's application for interim spousal maintenance was dismissed.