SpousalMaintenance

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Barr & Barr [2018] FCCA 3069 (30 October 2018)


This is an interim proceeding in Family law concerning .  Where the wife sought interim payments to cover legal expenses and finance her start-up business as well as and additionally an preventing the husband selling off assets of his business.

Issues

Whether the wife ought to receive a part property settlement of $94,560 to pay for legal fees and for further development of her business

Whether the husband ought to be restrained from dealing with the marital assets other than in the normal course of business.

Whether the husband should pay the wife $750 or $1157 per week in interim spousal maintenance.

Held : 

(1) Within 7 days of the date of these orders the husband in his capacity as Director of Business 1 Pty Ltd as trustee for the Barr Family Trust shall pay, or cause to be paid to the wife, by way of partial property settlement:|

(a) the sum of $35,000 to the bank account of the wife’s company Business 2 Pty Ltd, Bank 1 account; and
(b) the sum of $16,930 to the wife’s bank account.

UNTIL FURTHER ORDER

(2) The husband shall pay to the wife by way of interim spousal maintenance:

(a) the sum of $750 per week with such sum to be paid to the wife’s bank account held at Bank 1 BSB;
(b) i. rent of $970.00 in relation to the property at Property A (“the rented property”)

all utilities relating to the rented property
the wife’s mobile telephone account
the repayments for the wife’s motor vehicle; and
day care and school fees for the parties’ children

as and when they fall due.

(3) The husband otherwise be and is hereby restrained from dealing with the assets of Business 1 Pty Ltd or any other assets which might properly be the subject of these proceedings other than in the normal course of business.

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