WORTHAM & WORTHAM

In the matter of *Wortham & Wortham*, the wife sought interim spousal maintenance and an injunction to exclude the husband from the matrimonial home. The husband contended that the amount of maintenance sought by the wife was unreasonable. The wife's capacity to earn was found to be inadequate for her support. The court, presided over by Le Poer Trench J, considered these applications.

The primary legal issues before the court were the characterisation of a payment as spousal maintenance, the reasonableness of the wife's claim for such maintenance given her limited earning capacity, and whether an injunction was warranted to exclude the husband from the matrimonial home. The court also addressed the wife's application for urgent lump sum maintenance and the matter of costs.

The court reasoned that the wife's insufficient earning capacity necessitated an order for interim spousal maintenance. The husband was ordered to pay a specified weekly sum, which was to increase from a certain date. Additionally, the husband was directed to meet the lease payments for the wife's motor vehicle and to cover all mortgage, rates, water, and insurance costs associated with the parties' Suburb B property, as well as lawn mowing expenses for that property. The wife's application for urgent lump sum maintenance was dismissed. The court noted the husband's undertaking not to enter the Suburb B property without the wife's invitation, rendering the injunction application unnecessary. Orders concerning costs and the potential sale of property were adjourned, with each party's costs being reserved.