Wortham and Wortham (No 2)

This matter concerned an application to vary existing orders made on 22 May 2015 between the husband and wife, heard by Le Poer Trench J. The dispute revolved around financial arrangements and obligations following separation, particularly concerning the former matrimonial home and associated mortgage payments, as well as ongoing maintenance and the husband's access to and use of funds.

The court was required to determine the terms of interim financial relief, including the quantum and method of payment of spousal maintenance, the allocation of responsibility for mortgage payments on the former matrimonial home, and the husband's ability to apply funds for his own support. Further issues included the management of entities controlled by the husband and the disclosure of financial information to the wife.

Le Poer Trench J varied the previous orders, discharging one order to the date it was paid and suspending others pending further order. The court ordered the husband to pay $800 per month to the wife, commencing 1 December 2015, and to cooperate in seeking a variation of Westpac mortgages on the former matrimonial home to interest-only payments, with the husband to bear the costs of this variation. The husband was also ordered to meet all mortgage payments until any variation was agreed, and to meet specific expenses listed in the application. The court introduced a mechanism for the husband to apply funds for his own support, requiring him to pay an identical sum to the wife for any amount he applied to his support, with specific exceptions for legal fees and bona fide third-party borrowings, which required notification and evidence. The husband was also ordered to provide monthly financial statements for various entities and personal accounts to the wife's solicitors.

The court made further orders pending further direction, including liberty to apply on 48 hours' notice for urgent orders, and referred the balance of the wife's application to the Docket Registrar. Costs were reserved for each party.