WOODBY-CHATTERJEE & CHATTERJEE

In the matter of *Woodby-Chatterjee & Chatterjee*, Stevenson J of the Family Court of Australia considered competing applications between a husband and wife. The wife sought various interim orders, including those relating to litigation funding, spousal maintenance, the appointment of a single expert, and a further advance of funds. The husband sought the dismissal of the wife's application. The parties were also engaged in separate proceedings to set aside a financial agreement, and previous orders had been made for the sale of their former matrimonial home, with a portion of the proceeds held in a controlled monies account.

The primary legal issues before the court were whether the husband had the financial capacity to pay spousal maintenance at the rate sought by the wife, whether the appointment of a single expert was appropriate at that stage of the proceedings, and whether the wife should receive an advance of funds from the controlled monies account for the purpose of preparing her case. The court was also required to determine which of the wife's requested interim orders should be granted or dismissed.

Stevenson J found that the husband was not in a financial position to pay spousal maintenance of $1,000 per week. The court also determined that the appointment of a single expert was premature given the current stage of the proceedings. Consequently, several of the wife's requested orders were dismissed. However, the court ordered the husband to provide his tax returns and notices of assessment for the 2014, 2015, and 2016 financial years, and for 2016/2017 if available. Furthermore, an order was made for $70,000 to be distributed from the controlled monies account to the wife's solicitor, to be controlled and expended for the preparation and conduct of her case at the final hearing, acknowledging the complexity of the matters and the need for a level playing field.