Zabarac and Zabarac & Ors

In the matter of *Zabarac and Zabarac & Ors*, Loughnan J considered applications by the wife for interim spousal maintenance, property orders, and injunctions. The wife sought spousal maintenance of $800 per week, asserting her expenses exceeded her income. She also sought the transfer of funds from a controlled money account and injunctions to restrain the husband from dealing with his interest in a business and a property, as well as from receiving income distributions. The Australian Taxation Office was granted leave to withdraw from the proceedings by consent.

The court was required to determine the appropriate level of interim spousal maintenance, considering the parties' respective financial circumstances. Additionally, the court had to decide on the terms of interim property orders, including the release of funds from a controlled money account for the wife's benefit and the payment of her liabilities. The court also considered the wife's application for injunctions to preserve the status quo regarding the husband's business interests, a specific property, and income distributions pending final resolution of the property proceedings.

Loughnan J ordered the husband to pay interim spousal maintenance of $400 per week to the wife. The court also made orders in terms of the wife's application regarding interim property matters, including restraining the husband from selling, transferring, encumbering, or dealing with his interest in the [Q] Trust and the enterprise trading as [LBP Partnership], and from further encumbering or dealing with his interest in the property at [O Street, Suburb R]. These injunctions were to apply unless the wife provided her prior written consent. The husband was also ordered to ensure repayments from his partner were paid into a controlled monies account. The court further ordered the release of $320,000 from a controlled monies account to the wife, and specified amounts to be paid to the Australian Taxation Office and M College for the wife's liabilities. An order was made under s 106A for the Registrar to sign documents if a party failed to do so. The husband was directed to file an Amended Response within 14 days, and the question of costs was reserved.