ZUBCIC & ZUBCIC &ORS

In the matter of *ZUBCIC & ZUBCIC & ORS*, the wife sought various interim orders from the Court concerning the sale of the former matrimonial home and financial relief. The parties had previously made consent orders for the sale of this property. However, the husband had subsequently opposed the sale and failed to take necessary steps to facilitate it. The wife also sought interim property settlement for legal expenses and periodic spousal maintenance, citing her exposure to enforcement actions from creditors for jointly owed debts and the husband's failure to disclose his financial circumstances, despite a prior agreement to pay spousal maintenance.

The Court was required to determine several key issues. Firstly, whether it was appropriate to appoint the wife as the sole trustee for the sale of the former matrimonial home, given the husband's opposition and non-compliance with previous orders. Secondly, the Court had to consider the wife's application for interim property settlement to cover her legal expenses. Thirdly, the Court needed to assess the husband's capacity to pay periodic spousal maintenance, particularly in light of his non-disclosure of financial information and his previous consent to such payments.

McClelland J reasoned that it was in the interests of justice to grant the orders sought by the wife. The husband's failure to comply with the consent orders for the sale of the property, coupled with his non-disclosure of his financial position, necessitated intervention. The Court considered the wife's precarious financial situation, including the threat of creditor action, and the husband's prior agreement to pay spousal maintenance. These factors collectively supported the making of interim orders to address the immediate financial pressures and to ensure the progression of the property sale.