Wicklow and Wicklow

The parties to these proceedings were Mrs Wicklow (the applicant wife) and Mr Wicklow (the respondent husband). The dispute before the Court concerned various interlocutory applications, including issues relating to interim spousal maintenance, an application for a child support departure order, and the husband's contribution to the wife's legal costs. The matter was heard by Judicial Registrar Johnston in the Family Court of Australia at Sydney.

The legal issues before the Court were whether to grant interim spousal maintenance to the wife, and if so, in what amount; whether to depart from the current child support assessment for the parties' daughter, C; and whether to order the husband to pay a lump sum for the wife's interim legal costs or to make a dollar-for-dollar costs order. The Court was also required to make orders regarding the valuation of various family assets and the payment of legal and valuation expenses.

The Court reasoned that the wife required interim spousal maintenance, having not worked full-time since 1984 and having limited income from part-time work and handicrafts. Considering the wife's estimated weekly costs, the husband's capacity to pay, and the fact that the husband would continue to pay mortgage instalments on the former matrimonial home and a holiday home, as well as maintain family health insurance, the Court determined that $3,200 per month was an appropriate amount for interim spousal maintenance. Regarding child support, the Court found that the grounds for departure from the current assessment were not established, as the additional costs beyond the father's current liability would be modest and insufficient to meet the legal threshold for special circumstances. For interim costs, the Court declined to order a lump sum of $100,000 but instead ordered that the husband pay the wife's future legal costs on a dollar-for-dollar basis.

By consent, orders were made for the parties to instruct a single expert to value various family trusts, companies, and superannuation interests, with the husband to pay the costs of these valuations as determined by the Court. Further orders were made requiring the husband to pay an amount equal to sums paid by him for his legal and expert costs to the wife's solicitors, and to pay the aggregate of sums paid to his own family law solicitors, counsel, valuers, or other expert witnesses. The Court also ordered the husband to pay interim spousal maintenance of $3,200 per month, to continue paying mortgage instalments on specified properties and family health insurance, and to pay child support for C at a rate of $417 per week from 1 December 2007 until May 2008, as well as all educational expenses for C. Finally, the time for compliance with previous directions was extended to 24 July 2007.