WITHERS & WITHERS

In *Withers & Withers*, Foster J of the Family Court of Australia considered an interim application concerning property settlement and spousal maintenance. The wife sought orders for property and interim spousal maintenance, but the court found that insufficient evidence had been provided by the parties to make a proper assessment of their assets, liabilities, and contributions. Furthermore, significant conflicts in the evidence and disputed issues were not capable of resolution at an interim hearing.

The primary legal issues before the court were whether to grant the wife's application for property settlement and interim spousal maintenance, and if so, on what basis. Specifically, the court had to determine if the wife had established a case for interim property orders given the evidentiary deficiencies and disputed facts, and whether she had demonstrated an incapacity to support herself adequately to warrant interim spousal maintenance.

Foster J dismissed the wife's application for property settlement, finding that the evidence presented was insufficient for the court to make a determination regarding the parties' financial positions and contributions. Similarly, the application for interim spousal maintenance was dismissed on the basis that the wife had not established that she was unable to support herself adequately. The court noted that the disputes and lack of evidence meant that these matters were not suitable for resolution at an interim stage.

Consequently, the wife's Application in a Case filed on 22 August 2018 was dismissed. The court further ordered that the parties' costs of and incidental to this application be reserved to the final trial.