ZACHARIA & ZACHARIA

In the matter of ZACHARIA & ZACHARIA, Dawe J considered disputes between a wife and husband concerning property and spousal maintenance. The wife sought orders for the sole use and occupation of the former matrimonial home, which the husband opposed, alleging it was used for business purposes. The wife also sought spousal maintenance, asserting her inability to support herself, and a lump sum payment, while the husband contended he lacked the capacity to pay.

The court was required to determine whether the husband should be removed from the former matrimonial home, given his alleged use of the property for business purposes and the wife's desire to return. Additionally, the court had to assess the wife's entitlement to spousal maintenance, considering her reasonable living expenses and the husband's financial capacity. The wife's claim for a lump sum payment was also a key issue.

Dawe J was not satisfied that the husband should be removed from the property. The court ordered the husband to return specific items belonging to the wife within a stipulated timeframe. Regarding spousal maintenance and the lump sum payment, the court noted the wife's inability to support herself but also indicated that the husband did not have the capacity to pay. The court also made orders concerning the child's passport and travel arrangements, suspending certain time-spent-with-child orders during the wife's overseas or interstate travel in August 2016, with provisions for compensatory time. Certain interim orders sought by the wife were dismissed, and further consideration of the husband's application was referred for directions.