Willmot & Willmot

In the matter of PAC 556 of 2020, Ms Willmot (the applicant) sought interim spousal maintenance, interim property orders, and an injunction regarding property from Mr Willmot (the respondent). The application was heard by Foster J.

The court was required to determine the appropriate interim orders for the division of funds, the necessity and form of injunctions to preserve assets, and the allocation of costs.

Foster J applied principles concerning interim property and maintenance orders, referencing cases such as *Harris & Harris* and *Strahan & Strahan*. The court determined it was appropriate to make lump sum orders for the further division of available funds in lieu of periodic spousal maintenance. Injunctions were also deemed appropriate to restrain the parties from dealing with assets without notice to the other, with specific directions given regarding the management and income from certain properties.

The court ordered that within seven days, the husband was to pay the wife $300,000 from the proceeds of sale of the B Street property, and the husband was at liberty to pay himself $150,000 from the same proceeds, with the categorisation of these sums reserved. Both parties were restrained from selling or encumbering assets without 28 days' written notice to the other, except to comply with the orders. The wife was directed to ensure rental income from properties at D Street and F Street was applied to mortgage payments and outgoings, while the husband was to manage the X Street property and pay its associated costs, with rental income from that property to be paid to him. Costs of the application were reserved to the final trial.